Avoiding Legal Problems in Mexico

While traveling in Mexico you are subject to Mexican laws and not U.S. laws. Tourists who commit illegal acts have no special privileges and are subject to full prosecution under the Mexican judicial system.

Mexico rigorously prosecutes drug cases. Under Mexican law, possession of and trafficking in illegal drugs are federal offenses. For drug trafficking, bail does not exist. Convicted offenders can expect lengthy jail sentences and fines. Sentences for possession of drugs in Mexico can be as long as 25 years plus fines.

Just as in the U.S., the purchase of controlled medication requires a doctor's prescription. The Mexican list of controlled medication differs from the U.S. list and Mexican public health laws concerning controlled medication are unclear. Possession of excessive amounts of a psychotropic drug such as valium can result in your arrest if the authorities suspect abuse. Mexican law does not differentiate between types of narcotics. Heroin, marijuana, and amphetamines, for example, are treated the same. Offenders found guilty of possessing more than a token amount of any narcotic substance are subject to a minimum sentence of 10 years, and it is not uncommon for persons charged with drug offenses to be detained for up to a year before a verdict is reached.

Remember, if narcotics are found in your vehicle, you are subject to arrest and your vehicle can be confiscated.

Avoid Public Drunkenness. It is against the law to drink in public in Mexico. Certain border towns have become impatient with teenage (and older) Americans who cross the border to drink and carouse. This behavior can lead to fights, arrests, traffic accidents and even fatalities.

The Department of State warns U.S. citizens against taking any type of firearm or ammunition into Mexico without prior written authorization. Entering Mexico with a firearm or a single round of ammunition carries a penalty of up to five years in jail, even if the firearm or ammunition is taken into Mexico unintentionally.

The Mexican Government strictly enforces laws restricting the entry of firearms and ammunition along borders and at air and seaports. This has resulted in arrests, convictions and long prison sentences for U.S. citizens who have unintentionally crossed the border with firearms or ammunition in their possession. Those who are approaching Mexico along the land border who realize they are in possession of unauthorized firearms or ammunition should remain in the U.S. and not go through Mexican Customs.

The only way to legally import firearms and/or ammunition into Mexico is to secure a permit in advance from the Mexican Embassy in Washington, D.C. or from a Mexican Consulate.

Remember that, even when you enter Mexican waters on your private boat or airplane, you are subject to the ban on importing firearms or ammunition.

Knives and Other Weapons. Some cities, such as Nuevo Laredo, have ordinances prohibiting the possession of knives, similar weapons or anything that might be construed as a weapon. Tourists have even been arrested for possessing souvenir knives. Most arrests for knife possession occur in connection with some other infraction such as drunk and disorderly behavior.

Failure to pay hotel bills or for other services rendered is considered fraud under Mexican law. Those accused of these offenses are subject to arrest and conviction with stiff fines and jail sentences.

U.S. citizens who become involved in time-share or other real property purchases should be aware that Mexican laws and practices regarding real estate are markedly different from those in the United States. Foreigners purchasing real estate or time-shares in Mexico have no protection under Mexican law and should be aware of the high risks involved.

Foreigners may be granted the right to own real property only under very specific conditions and the purchase of real property in Mexico is far more complicated than in the United States. For example, no title insurance is available in Mexico for the purchaser and the builders frequently go bankrupt leaving the investors will little recourse to recoup their funds. The U.S. Embassy strongly recommends the use of competent local legal assistance for any significant real property or business purchase.

A list of local attorneys can be obtained from the U.S. Embassy or the nearest consulate in Mexico.

To avoid disputes with merchants, be a careful shopper. Make sure the goods you buy are in good condition and always get a receipt. There is a federal consumer protection office, the Procuraduria Federal del Consumidor, to assist you if you have a major problem with a faulty product or service.

If the problem is with a service of the tourist industry, you should bring the matter to the Mexican Government Tourist Office (Secretaria de Turismo).

American tourists are permitted to operate CB radios in Mexico. You must, however, obtain a 180 day permit for a nominal fee by presenting your U.S. citizen's band radio authorization at a Mexican consulate or Mexican Government Tourist Office. This permit cannot be obtained at the border.

Transmissions on CB equipment are allowed only on channels 9, 10, and 11 and only for personal communication and emergency road assistance. Any device which increases transmission power to over 5 watts is prohibited. CB equipment may not be used near radio installations of the aeronautical and marine services.

If you find yourself in a 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 law.

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 the United States.

If you are arrested, ask permission to notify the U.S. Embassy or the 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. The 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.