About the Police, the Law and Infractions in Mexico
by
J. Beaulne LL.B
There are no "detective" position in Mexico, just “Policia” in English Police. In Baja, as in other parts of the country, we have several police corps, one is Transito, which means traffic thus "Traffic cop" and since a few years they have acquired additional powers. Some have guns and some not. Some of the old ones know how to read and write and some not....We have state police called "ministerial" or PJE, 99% of them do not have a uniform, some time you will see one with a black T shirts with the letter policia or PJE...and carry their guns…some in their belt and some in holsters…. There are the Federales, "highway patrol" and we have AFI who are federal policemen who do most of the drug trafficking investigations and arrests. Since a few months all three corps, Transito, Ministerial and AFI were told to work together.
President Calderon, who is trying to clean up the mess of corrupted policemen, has suggested that a new corps be formed and called "Policia Nacional" (National Police) but that is still not done.
Denouncing:
One must be very careful before deciding to come forward and accuse someone of criminal doings. The reason for this is that our penal law (Codigo Penal) has an article regarding defamation and calumnies punishable up to 6 years in jail. Make sure you have irrefutable proof of what you are saying. If one notices a crime is in progress or was perpetuated do call the police but do not get involved more than that. 066 is the number for emergency. If you want to accuse someone do it in the presence of a lawyer in front of the Agente del Ministerio Publico (Assistant DA).
Encountering a dead body:
If one encounters a dead body one must not move it other wise one will be put in jail until the forensic doctor has revised the corps, rendered a report saying there was no foul play, this could take 3 days or more...if the doctor declares foul play one is “number one suspect”...and will not leave jail.
Accident scene:
If you are at the scene of an accident by law you must help, but remember if you move someone and a doctor says the injured one should not have been moved, family members of the injured one can lodge criminal and / or civil lawsuits against you.
Stopped or arrested:
If you are stopped by police you can prevent them from searching your vehicle if they do not have a document saying that they are authorized to do so...but if you ask for that they might think you have something to hide...it is up to you.
Never sign a document in Spanish even though you think you know Spanish, have a lawyer read it and approve it before signing; if you are told that you will be detained a doctor must check you and pronounced healthy before you are put in jail. Formal charges by a judge must be laid in within the first 72 hours other wise you are to be released. In the event that you are advised by someone that the police is looking for you to put you in jail because of a judge’s sentence you have the right to call a lawyer and ask that he promotes an "AMPARO" according to articles 14 and 16 of the Constitution so that you will not be put in jail, this can be done for charges other than homicide and other specific crimes.
For small crimes one can get bail, for heavy crimes one can not. If one likes to "play" with minors beware, the law is now very strict and punishment is very hard, no bail and inside the walls punishment will be worse. Fraud carries up to 10 years in jail, involuntary homicide such killing someone in a car accident is a direct trip to jail, no bail, but one can get a pardon from the family...usually with money...
Traffic tickets:
If you are stopped by a “Transito” police (Traffic cop) or a “Federale” highway patrol you will be asked to show your driver’s license and the vehicle’s registration papers. If you did something wrong pay the fine at the “Transito” police station or at the bank for a ticket from a highway patrol , DO NOT PAY THE COP. Fines which are paid at the police station in within 72 hours of having been emitted have a 50% deduction. Once you pay the fine you ask for your driver’s license and it will be given back to you. If you did not do any thing wrong and the cop is harassing ask for his name and take his badge number and then ask to see the “CAPITAN”: "Quiero hablar con el Capitan" (I want to talk to the captain), if you can’t say it write it and put it in your wallet, which case you most likely be send on your way, do not forget to say GRACIAS.
Drugs:
There is no tolerance in Mexico, if you drugs are discovered on you or in the case of a search you will be automatically detained, if you have less than 5 kilograms (11 pounds) you can get bail, over that amount you stay in jail, no bail.
Mexican Jails:
Mexican jails are not American or Canadian “Private clubs”, one stands the chance of been held in a cell for 6 but occupied by 12 if not more.
Being part of it…
It is said that most of the “graph” police make in Baja is with the Gringos...remember the new social call from the President of the country : "BASTA con la Corrupcion," NO more corruption.
Your Rights:
As a person who’s mother’s tongue is other than Spanish you are allowed to have a translator who is paid by the State.
If you can not afford a lawyer one will be provided by the State (legal help).
You have the Right to refuse to give a verbal declaration by evoking article 20 of the Constitution and do it with a lawyer in writing at a later date.
If you know that a judge emitted an order to arrest you, get a lawyer to present an AMPARO (Similar to an Injunction / Abæs Corpus) evoking your Constitutional Rights, as per articles 14 and 16 of the Magna Carta, before you and your lawyer are in front of the “Ministerio Publico) (DA).
24/7 legal help:
Keep in your wallet the following: 612 348-9793, we speak English,
Lic. J.E. Beaulne, LL.B.