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I met an artist who was the victim of a drive-by shooting. He took seven hits, but he survived to tell about it.
I heard about an elderly couple who were at home watching television. Two masked men showed up with a four by four.
They rammed it through the sliding glass door, grabbed some jewelry and were gone so fast it was unbelievable.
A lady started her car in her driveway then went inside for just a short time to let the engine warm up. When
she returned her car was gone! FYI, these crimes were committed in the USA and similar crimes are committed there on a
daily basis. Such crimes can and do happen in other countries and Mexico is no exception. Finding yourself in unfamiliar
surroundings, not being able to speak Spanish, and not being able to call your friendly lawyer, you could find yourself a bit
afraid. I certainly do not want to create any unwarranted fear, but people in Mexico do get arrested for speeding or because
of fender benders, for example. Therefore it pays to have some knowledge of the Mexican justice system. Let’s say you are
driving in a rural area at night. Someone drives recklessly too close. You swerve and hit someone. The driver of the other
car disappears in the darkness. No witnesses? What might happen next? Will you be accused of committing a crime? Mexico’s
legal system differs markedly from that of the USA in a number of important ways that any citizen of the USA living here needs
to understand should they be accused of a crime. Most importantly, unlike the USA where a person is innocent until proven guilty
(except cases involving the IRS) in Mexico one is guilty until proven innocent. Many of the legal rights and protections that
citizens of the USA enjoy at home do not apply in Mexico, and punishments for many crimes are more severe. Mexico is a “civil law”
country, their justice system derived primarily from Roman law and the Napoleonic Code and focuses on the text of actual laws whereas
the USA is a “common law” country where a judge’s decision creates a “precedent.” In the USA a judge will often rely on a
prior judge’s decision and even just one case can establish a legal principal and lawyers need to analyze many cases to
interpret the law. In Mexico one studies the law and makes the best argument given the facts.
Mexico does not allow bail on personal recognizance and therefore a cash bail must be posted (which may not be available depending on the potential sentence). What may not be considered a crime in the USA may be considered a crime in Mexico. Judges in Mexico, with broader roles than judges in the USA, are active in developing a case and arriving at a decision. In the absence of jury trials judges make the ultimate decisions about the innocence or guilt of an accused. If you are arrested and jailed in Mexico you have the right to contact your consular representative who will provide you with a list of attorneys and, at your request, will notify your friends and/or relatives. In Baja California the consular representative is in Tijuana. HE CANNOT PROVIDE LEGAL COUNSEL OR INTERFERE IN THE DUE PROCESS OF LAW. If you are arrested for a serious crime in Mexico the police will turn you over to the District Attorney’s office for a preliminary investigation. Serious crimes include drug possession, alien smuggling, certain firearms/ammunition charges, and possession of counterfeit money. Serious State crimes include homicide, kidnapping, rape, assault, theft, child pornography, corruption of a minor, driving under the influence, breaking/entering, possession of a deadly weapon, and property damage. If the District Attorney decides to prosecute the case will be turned over to a judge and the accused can be detained for up to 48 hours and will be asked to make a statement. You are entitled to have an attorney present. If you don’t speak Spanish you are entitled to an interpreter. DON’T SIGN ANYTHING YOU DO NOT UNDERSTAND. At the end the 48-hour period the District Attorney must (1) turn your case over for prosecution, (2) set bail, or (3) drop the charges. If bail is not set, or if you cannot pay it, your case will be turned over to a court and you will be moved to a different facility. Contact information: American Citizen Services, U.S. Consulate General in Tijuana, Avenida Hipodromo, 22420, Tijuana, phone 664-622-7400 if calling from Mexico or 011-52-664-622-7400 if calling from the USA, An American Officer is available to provide emergency assistance 24/7. Phone 001-619-692-2154 if calling from Mexico or 619-692-2154 if calling from the USA. General Information about Mexico can be found at http://travel.state.gov The above information is from a pamphlet titled, “Mexico’s Criminal Justice System – a guide for U.S. Citizens arrested in Mexico,” - and is available at the FRAO. The “weasel clause”: It is meant as general guidance only and may not apply fully to your particular situation. Specific questions about interpreting Mexican law should be addressed to competent Mexican lawyers. U.S.Consulate Richard Gonzales, 664-622-7400 |