El Secretito Que Nadie Quiso Contarte: Qué Hacer Si Te Arrestan En México
If you're an American, a tourist, or even a Mexican citizen who's never been in a sticky situation with the law in Mexico, it's easy to feel confused and unsure of what to do in the event of an arrest. The Mexican justice system can be intimidating, especially when you don't speak the language or don't know the local customs. However, knowing what to do in such a situation can make a huge difference in the outcome. In this article, we'll provide a comprehensive guide on what to do if you're arrested in Mexico, from understanding the process to staying safe while being detained.
The Mexican police and judicial system are generally strict and efficient when it comes to following procedures. According to the Mexican Ministry of the Interior, there were over 2.5 million arrests made in 2020, with the vast majority being for minor infractions. Despite the large number of arrests, the Mexican justice system has a reputation for being somewhat more trusted than in other countries. However, that doesn't mean that foreigners are immune to being wrongly accused or arrested. In fact, there have been several high-profile cases in recent years involving American and Canadian citizens being arrested and detained in terrible conditions.
In Mexico, arrests are made under the authority of the Policías Preventivos (Preventive Police) or the Policías Ministeriales (Ministerial Police), who are responsible for enforcing laws and maintaining order in the country. When you're arrested, you'll typically be brought to a police station or a holding cell, where you'll be detained until you can be questioned by a prosecutor. At this point, it's crucial to understand your rights and know what to expect, as well as what to avoid.
Los Derechos Inmateriales
Your rights as an arrestee in Mexico are protected by the country's constitution and international human rights treaties, including the American Convention on Human Rights and the Universal Declaration of Human Rights. As an arrestee, you have the right to be informed of the charges against you, to be allowed to communicate with your lawyer and family members, and to be treated with respect and kindness.
However, it's essential to remember that you may not always be treated with respect and kindness. Many foreigners who have been arrested in Mexico report being subjected to psychological and physical abuse, as well as being forced to sign statements they don't understand. To avoid situations like these, it's crucial to remain calm, polite, and cooperative with the authorities.
Las Reglas para Obtener una Visita a un Abogado
One of the most critical steps you can take when you're arrested in Mexico is to ask for a visit from a qualified attorney. According to the Mexican Code of Criminal Procedure, you're entitled to consult with a lawyer as soon as possible after your arrest, but you must request it. The lawyer you choose should be familiar with Mexican law and procedure, as well as be able to communicate with you in whatever language you prefer.
Additionally, the lawyer will also be able to communicate with the authorities on your behalf and help you understand the charges and the process involved in your case. They can also help negotiate your bail and deal with the prosecution.
Qué Preguntar y Qué Decir
When you're arrested in Mexico, try to remain calm and composed. Don't get agitated or suspicious, as this can lead to further complications. Here are a few key things to ask the police and what to tell them when you're being questioned:
- ¿Por qué estoy detenido? "Why am I being detained?" This will help you understand the reasons for your arrest and whether you're being kept in custody for significant charges.
- ¿Cómo puedo comunicarme con mi familia/abogado? "How can I communicate with my family/lawyer?" - The authorities should provide you with the necessary resources to facilitate communication with your loved ones and lawyer.
- ¿Necesito pagar un seguro de fianza? "Do I need to pay bail?" - If your bail is set, your lawyer can help you with this.
However, steer clear of:
- Negociar tu arresto "Negotiate my arrest" Do not offer bribes or try to negotiate your way out of custody, as this can lead to serious consequences.
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>Discutir el Proceso en la Policía Local
> Do not discuss the case in detail with the police officers, as they may try to trick you into making a false confession.La Intermediación Política
In many cases, the local police are notoriously unsympathetic to foreigners, especially Americans and Canadians. If you feel that you're being treated unfairly or abused in any way, try to seek the assistance of a local human rights organization. These organizations, like the Mexican chapter of Amnesty International, can provide you with guidance and protection throughout the process. It's also essential to keep in record any offers, threats, or abuse from the authorities, as well as to communicate immediately with family and friends about your situation.
Also consider reaching out to your embassy for guidance and assistance. In most cases, they're happy to help clarify the circumstances of your arrest and assist with communication with the authorities.
20 preguntas que debes hacer al Policía o al Magistrado
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¿Quién es mi agente de policía?
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¿Quién es mi fiscal?
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¿Qué he sido acusado de?
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¿Cuál es mi situación legal[*
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¿Dónde quedo durante mi encarcelación?
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¿Cómo me permiten hablar con mi familia/abogado?
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¿Cuál es mi proceso legal?
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¿Por qué debo ser detenido? //¿Por qué un juicio oral?
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¿Cuál es la causa de mi encarcelación en este momento?
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¿Por qué en prisión de espera?
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¿Dónde se encuentra mi familia?
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¿Qué sucedió cuando yo fui detenido por primera vez?
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¿Qué colmo yo haría esa noche o la siguiente
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¿Por asuntos de qué quisiste acusarme?.Aplicaras el
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¿Qué pena soy, y junto con eso, mi apelación moral?
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¿Qué tipo de prisión penitenciaria para imprisiones le imprimiste cual rojo y azul
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¿Te he llamado Sixto Alejandro de México anteriormente por ser cualquier ramo profesional?
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¿Hubo profecías como es tu/o ya he trabajado con aplicaciones por este departamento del Ministerio de Seguridad Html
While being arrested in Mexico can be scary and overwhelming, knowing your rights and staying calm and cooperative can make a huge difference in the outcome. It's essential to ask for a visit from a lawyer, communicate with your family and friends, and understand the charges and the process involved in your case. By following these guidelines and seeking assistance from local human rights organizations and your embassy, you'll be better equipped to navigate the Mexican justice system and stay safe while being detained.
