If you are detained or arrested by any authority in Tijuana, you have the right to remain silent. You should not say anything or give details about the events that occurred since everything you say could be used against you during the trial. Also, you have the right to have an attorney with you during any dispute.
As soon as you are arrested, you have right to:
1.- Know the reason for the arrest
2.- Be considered innocent
3.- Remain silent
4.- Have an attorney
5.- Be assisted by a translator
6.- Call a friend or relative of your choice
7.- Be booked without any unreasonable delay
8.- Contact you country’s consulate for help
After booking, the authority has up to 48 hours to release the detainee or turn him/her over to the judge.
If you were tortured to confess a crime or to accept responsibility, you have to let your attorney know as soon as possible for him to request an Estambul Protocol. An Estambul Protocol is a guide that contains basic rules with international standards regarding human rights to evaluate a person’s mental state and well-being to determine if the individual has been a victim of torture by a government official with the sole purpose of obtaining a confession to secure a conviction.
If you are a victim of torture or accused of a crime, please contact our team of Tijuana Criminal Defense Lawyers at Meneses Legal at (664) 500-6896 from Mexico or (619) 777-8627 from USA.
The National Code of Penal Procedure of Mexico in its Article 167 contains a list of serious offenses that are not eligible for bail in Mexico. For example; Carrying certain firearms or ammunition, voluntary homicide, most sex crimes, most drug-related crimes, and kidnapping.
The prosecutor may request the judge to order Pre-trial detention for less serious crimes, however, in order to approve this request, the prosecutor has to show reasonable justification to assert that the defendant:
may not appear in court;
will interfere with the investigation;
may represent a danger to the victim, witnesses, or the community;
or, has a diverse active case for an intentional crime or has been previously convicted for the same type of crime.
Being a foreign national or not having a residential address in Mexico does not automatically disqualify you from obtaining bail. We can help you obtain bail in Tijuana, Mexico.
Possession of Marijuana (Cannabis) in Tijuana
Tijuana Cannabis Lawyers
Penalties for Possession of Marijuana
The amount established by the General Health Law (LGS) for which no criminal action will be exercised, is 5 grams. However, if the amount is presumably higher, the authority has the obligation to present the bearer with a judge, who will determine if there is a penalty.
Article 194 of the CPF indicates that a prison term of ten to 25 years and a fine of between 8,500 and $ 42,200 pesos will be imposed on anyone who produces, transports, traffics, trades, supplies even free of charge or prescribes any of the narcotics indicated in the previous article, without having the corresponding permission granted by the Ministry of Health.
Possession of marijuana, whose purpose is any of the acts mentioned in the previous paragraph, merits between five and 15 years in prison and a fine of between 8,449 pesos and 29,571 pesos (CPF, 195). If the possession does not have any of these purposes, the penalties are between four and seven years in prison and fines of between 4,224 and 12,673 pesos.
Article 475 of the LGS dictates that a prison term of four to eight years and a fine of 17,000 to 34,000 pesos will be imposed on anyone who deals or supplies marijuana without the corresponding permit, provided that the amount is less than 5 kg. If the victim is a minor or is unable to understand or resist the conduct, or if one of these persons is used to carry out the crime, the penalties are between seven and 15 years in prison and the fine is between 16 thousand 898 pesos and 33 thousand 796 pesos.
Whoever possesses between 5 grams and 5 kg of marijuana for the purpose of trading or supplying them will suffer a penalty of between three and six years in prison and a fine of between 6,759 and 25,347 pesos (LGS, Article 476). The penalty is less if the possession of this amount is not for sale and will be between ten months and three years in prison, the fine will be up to 6 thousand 759 pesos (LGS, Article 477).
For any questions, contact Tijuana Cannabis Possession Crime Attorney Fabian Meneses at (664)500-6896 or (619) 777-8627.
1) Initial investigation stage, which begins with the complaint or complaint.
2) Intermediate stage or trial preparation stage, in which the parties establish the means of proof that are going to be released.
