Criminal Defense in
Mexico
Stiff prison sentences and harsh fines reflect the realities of Mexico. Hire a lawyer that looks out for the foreigner’s interest and helps you navigate through the complexities of the Mexican criminal system.
Mexican Criminal Justice System
Mexico's criminal justice system underwent many reforms in 2008. Unlike the United States, where juries determine guilt or innosence, Mexico prefers a pannel of three judges who listen to live testimony and cross examination. All of the proceedings will be in Spanish and you have the right to have a translator. Defendants enjoy a presumption of innocense.
Arrest and Detention
Once arrested, you have the right to remain silent. During this period, it is critical to secure local counsel. You do not have to provide incriminating statements during this time. Depending on your crime, you could be turned over to the federal authorities or remain in the custoy of the local authorities.
Bail
Depending on the crime, a Defendant can be released on bail before their trial. however, crimes such as voluntary homicide, rape, fraud, organized crime, drug related, kidnapping, violent crime using weapons and explosives, and crime against homeland security will require pre-trial detention. After your arrest, the police have 48 hours to determine whether your offense merrits pre-trial detention.
Drug Possession
Narcotics are generally illegal in Mexico, posession for personal consumption is not criminally punishable. For instance, 500 mg of cocaine; 5 g of cannabis; and 50 mgof heroin are not criminally punishable. This of course does not mean there could not be fines or confiscation of these drugs at the streeet level.
Case Length
When the maximum possible sentence is less than two years, the judge has up to four months to reach a verdict. When the maximum possible sentence is more than two years, the judge has up to one year to reach a verdict.
Prison
Prison conditions in Mexico are harsh and foreigners can be targetted by other inmates. Depending on your nationality, you may be elligible to be transfered to your home nation to serve out your prison sentence. åç
Death Penalty
There is no death penalty in Mexico.
Cross Border Lawyers Represent Foreigners in All Cases Including:
- Drugs
- Fraud
- Embezzlement
- Money laundering
- Sex crimes
- Theft / Burglary / Larceny
- Murder
- Arson
- ATM Fraud
- Assault
- Battery
- Bribery
- Child Abuse
- Computer Crime
- Controlled Substances
- Credit Card Fraud
- Criminal Defense
- DUI
- DWI
- Felonies
- Homicide
- Identity Theft
- Juvenile Crime
- Manslaughter
- Narcotics
- Perjury
- Prostitution
- Rape
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