What Kind Of Criminal Charges Can Foreigners End Up With In Mexico?
The ratio of Mexican-US border crime has increased significantly in the past few years. This is making it harder for the Mexican government to control the crime rate in Mexico. As a result, foreigners traveling to Tijuana, Mexico, from the US are subjected to strict scrutiny.
They have to be wary of several laws, or else they may end up getting arrested on criminal charges related to cross-border crimes. Here’s everything you need to know about cross-border criminal charges in Mexico.
What Are Criminal Charges In Mexico?
According to the Federal Code on Criminal Proceedings, serious crimes are those that have a negative effect on the fundamental values of Mexican society. Therefore, any foreigner coming into Mexico has to abide by the laws. Otherwise, they’ll be arrested on criminal charges.
Upon arrest, the person must pass through Mexico’s foreign legal system, which includes charge or indictment, prosecution, conviction, and sentencing. After the sentencing hearing, a person has the right to appeal the verdict. They also have the right to a public or private legal counsel to represent them during the court proceedings.
Does The Criminal Record Become Public?
Mexico and the US also share criminal records through the International Criminal Police Organization (INTERPOL). So even if a person is only prosecuted in Mexico, their records will be available in the US and may lead to problems during background checks for jobs or loans.
What Kind Of Criminal Charges Can Foreigners End Up With?
Drug Possession Charges
Since Mexico’s crack on drug crimes, any drug-related crime is a serious offense that can land you in jail without bail. Even if you were carrying a small amount in your possession, it could still result in a permanent charge on your record. If you were carrying any prescribed drugs, you’d need to show a proper and valid prescription from a doctor.
Moreover, the amount you’re carrying should not be more than that required for your stay. Otherwise, you can still get arrested. Getting out on bail is another issue with drug-related offenses. You won’t be eligible for bail for serious crimes, so it’ll be harder for you to collect evidence and prove your innocence. If convicted, you can be jailed for 10 to 25 years.
Firearm Violation Charges
Most of the cross-border arrests in Mexico are made for firearm-related charges. Many US travelers think their licensed guns will be allowed in Mexico too. But Mexico has strict gun laws, and you’re only allowed to bring a gun if you have a valid permit obtained in Mexico. All other permits aren’t considered valid by the Mexican government.
Not just that, but foreigners can’t obtain gun permits in Mexico either. If caught bringing a gun, a person can be jailed for up to 5 years and be ordered to pay hefty fines. Besides that, if you’re found guilty and convicted, the charges will also appear on your permanent record.
Your best option after the arrest is to get a good criminal defense lawyer like Fabian Meneses, who has ample experience in dealing with such cases.
Homicide Crimes
Mexico has a high rate of homicide crimes, and the government has taken plenty of measures to bring the numbers down, which is why the Mexican police have the right to arrest locals and foreigners in homicide cases within the Mexican territory. Since Homicide is a state-level crime, the arrested party will be presented before the State judicial court system.
Mexico has some of the harshest penalties for Homicide, and you can end up with 60 years in prison upon conviction. Even if you get the minimum sentence, it’ll still be around 30 years. If the Homicide resulted from self-defense, then you’ll need an apt lawyer to gather proper evidence and prove your innocence. According to the law, you’re entitled to a public or pervade criminal defense lawyer and legal counsel.
Contraband And Tax Crimes
Since the US-Mexican border, especially the Tijuana region, is one of the busiest in the world, with several tourists traveling through it daily, the government has taken measures to prevent any money laundering through the border. This is why you can only bring up to $10,000 in cash or receivables without declaring it.
If you’re bringing more than that, you must declare it at the border and have it approved by the Tax Administration Service. If not, you’ll have to pay a fine of 20 to 40% of the amount. In certain cases, the extra money may be equated to money laundering or smuggling and can result in jail time. Your best option is to get a good lawyer to prove your innocence.
Looking For A Criminal Defense Lawyer? Take A Look At Meneses Legal
Meneses Legal is a law firm in Tijuana, Mexico, that helps clients with cross-border crimes. Our firm was founded by Fabian Meneses, a bilingual criminal defense lawyer experienced in drug possession crimes, firearm violation charges, and state criminal charges. Our firm has a combined experience of 40 years, so if you’ve been arrested on suspicion of any of these crimes, give us a call, and we’ll book a consultation with you.
