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Suzie's Blogs ...Traveling & Living Abroad Hints & Tips |
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Suzie's Blogs ... Traveling & Living Abroad Hints & Tips |
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Legal Problems If you find yourself in serious difficulty while in Mexico, contact a consular officer at the U.S. Embassy or the nearest U.S. consulate for assistance. U.S. consuls cannot serve as attorneys or give legal assistance. They can, however, provide lists of local attorneys and advise you of your rights under Mexican laws. Worldwide, Mexico has the highest number of arrests of Americans abroad - over 1,000 per year - and the highest prison population of U.S. citizens outside of the United States - about 800 at any one time. If you are arrested, ask permission to notify the U.S. Embassy or nearest U.S. consulate. Under international agreements and practice, you have the right to talk with an American consul. Although U.S. consuls are limited in what they can do to assist you in legal difficulties, they can monitor the status of detained U.S. citizens and make sure they are treated fairly under local laws. They will also notify your relatives or friends upon your request. An individual is guaranteed certain rights under the Mexican constitution, but those rights differ significantly from U.S. constitutional guarantees. T he Mexican judicial system is based on Roman and Napoleonic law and presumes a person accused of a crime to be guilty until proven innocent. There is no trial by jury or writ of habeas corpus in the Anglo-American sense. Trial under the Mexican system is a prolonged process based largely on documents examined on a fixed date in court by prosecution and defense counsel. Sentencing usually takes 6 to 10 months. Bail can be granted after sentencing if the sentence is less than 5 years. Pre-trial bail exists but is never granted when the possible sentence upon conviction is greater than 5 years. Financial Problems Consular officers can arrange the transfer of emergency funds to you if you become destitute as a result of robbery, accident or other emergency. Good things to keep in mind. never the less, it's not as hard as it may sound to stay out of trouble. See you tomorrow. Best wishes. Suzie Posted: Wednesday 26th January 2005, 12:10 AM |