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U.S. Assistance in Mexico
Where To Turn If You Have Serious Legal, Medical, or Financial
Difficulties
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 450 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. 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 nor 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 ever granted when the possible
sentence upon conviction is greater than 5 years.
Medical or Financial Problems. If you become seriously
ill, U.S. consular officers can assist in finding a doctor and
in notifying your family and friends about your condition. Consular
officers can also help arrange the transfer of emergency funds
to you if you become destitute as a result of robbery, accident
or other emergency.
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