Should You Stay Silent Before Calling a Criminal Defense Lawyer in Tijuana?

Do you know what Miranda rights are under US law? If you’ve ever seen a cop arrest someone in the United States, you’ve probably heard a few lines!

The first line of the Miranda rights reads “you have the right to remain silent; anything you say can and will be used against you in a court of law.” While the Miranda rights aren’t an explicit part of Mexican law, the right to remain silent is. In other words, it’s perfectly legal to answer zero questions from Mexican authorities without the presence of a criminal defense attorney if you’re ever arrested in a city like Tijuana.

But this begs the question—why is it worth staying silent? And are there any reasons for breaking your silence before meeting a cross-border criminal lawyer if you’re charged with a crime in Tijuana?

Here’s a look at the main reasons to stay silent or speak up before calling a criminal defense lawyer in Tijuana.

Reasons to Stay Silent

1. You Won’t Incriminate Yourself

If you’re charged with a crime in Tijuana, it’s worth staying silent before calling a criminal defense attorney to prevent self-incrimination. Unless you’re well-versed in Mexico’s Federal Penal Code, you might inadvertently provide information that will bolster the prosecution’s case against you if you go to trial. Unfortunately, this can occur even if you didn’t commit a crime!

For instance, suppose you’re charged with drug possession because you agreed to let a border K9 unit go through your vehicle. You speak to the local authorities before calling criminal justice attorneys for help and accidentally say, “I don’t get it; my car doesn’t smell like cannabis, and I don’t carry my pipes across the border.” This might seem harmless at first, but you’ve just admitted to knowing what cannabis smells like and owning pipes to smoke it in!

2. You’ll Give the Criminal Defense Attorney an Even Playing Field

Imagine being charged with a crime and giving the prosecution a head start to build their case against you. That’s a genuine possibility if you decide to break your silence before talking to a criminal defense attorney!

It’s common for Mexican authorities to attempt to question travelers charged with cross-border crimes before their lawyers arrive. It allows them to uncover evidence and ask questions the defendant doesn’t know they have the right to refuse!

Reasons to Speak Up

1. You Want to Contact Your Loved Ones

Did you know that under Mexican law, prisons don’t need to provide inmates with basic amenities like food and clothing? You must contact your friends and family if you want access to these amenities. But what if local authorities have refused you the right to do this? If that’s the case, it’s time to speak up!

We recommend asking the authorities politely to give you access to a phone, so you can call your friends and family if you’re ever arrested in Tijuana. If you cannot reach your loved ones, your next port of call is the US Consulate General in Tijuana. They’ll contact your family and friends for you, provide you with vitamin supplements and reading materials, and ensure you’re being given appropriate medical care should you need it.

2. You’re Being Denied Access to Legal Counsel

So, you’ve decided to exercise your right to remain silent until you speak to an attorney. It’s a great decision—but what if you’re not being given access to an attorney? You can’t stay silent forever!

In this scenario, it’s worth asking the authorities to give you the means to contact a reputable cross-border criminal lawyer in Tijuana. If you cannot reach them, we recommend contacting the US Consulate General for assistance.

If you ever suffer the misfortune of being charged with cross-border crimes in Tijuana, we’re ready to help you at Meneses Legal.

We’re a team of criminal defense lawyers with over 40 years of combined experience helping clients charged with cross-border crimes in Tijuana. We help clients charged with five major types of crimes: homicide, sex crimes, contraband smuggling, drug crimes, and firearms-related crimes. We operate in several locations across Mexico and always go above and beyond to get our clients optimal results.

So, are you ready to find out what it’s like to be defended by one of the best criminal defense lawyers in Mexico? If so, leave us a message on our website or email us at info@meneseslegal.com to learn more about our services!