Mexican Legal Procedures
The information which follows is not a substitute for competent legal advice from an attorney licensed to practice law in Mexico who is familiar with your case. A list of Mexican attorneys is available at the Department of State Consular Affairs homepage (www.travel.state.gov) and the U.S. Embassy on the Mexico City homepage, (www.mexico.usembassy.gov).
Stage 1: Taking the suspect into custody
If the District Attorney’s office, or “Ministerio Publico,” decides that a criminal offense has been committed and that there is sufficient probable cause to believe that a particular person committed the offense, the authorities will attempt to arrest the suspect and turn him or her over to the District Attorney’s office or “Agente del Ministerio Publico.” Like in the United States, the police may encounter obstacles while attempting to locate perpetrators of crime.
The law enforcement officials in charge of the case will contact you should a suspect be arrested or if there are any developments in the case. You may also hire an attorney to represent you. Once you hire an attorney, please provide the Consulate with contact information so that we can help you to track your case.
Stage 2: Deciding whether the case will go to trial
Once the suspect is in custody, the district attorney conducts a preliminary investigation to determine whether the suspect should be prosecuted. If the district attorney decides there is sufficient evidence to prosecute, the case will be turned over to a judge. In most, but not all cases, if a suspect is being held in jail, the district attorney has 48 hours from the time of arrest to make this determination. If they do not make such a determination in that time frame, the suspect is released.
From the time the district attorney makes his or her determination that prosecution should occur, the judge has 72 hours to begin a hearing to determine "probable responsibility." This hearing is equivalent to a "probable cause" hearing in the United States. At the hearing, the accused is brought forward and confronted with evidence against him or her, including the victim's detailed written, signed, and witnessed report or "denuncia" describing the facts of the case. Your personal appearance is not required.
Depending on the crime, a person for whom probable responsibility has been established will either be held for trial or released on bond. There is no bond for those accused of committing violent crimes. In effect, the finding of probable responsibility begins the trial process.
After a suspect is taken into custody, the victim may be asked to identify the suspect in person and a process called a “careo” may be conducted. The victim may be asked to positively identify the suspect at the penal court in the jail where the suspect is being detained. A penal judge, the district attorney, the victim’s attorney, and the defense attorney are present for the identification process. During the identification process, the victim is asked to confront the suspect and may be questioned directly by the suspect’s defense attorney. This process will take place in Spanish, but the court is required to provide a translator, if needed.
Stage 3: Going to trial
Trials in Mexico are slow-moving and very different from those in the United States*. Attorneys, however, sometimes have an ability to influence how quickly a case goes forward. Official proceedings will take place in Spanish. Other distinctive characteristics include:
• Many hearings: The trial does not occur in one or two sittings. The hearing is split into many segments divided over a long period of time.
• No live testimony: Witness testimony (including testimony of the victim) is presented to the judge in the form of written statements and depositions.
• No live argument: Attorneys for the two opposing sides present their arguments to the judge in writing.
• No jury: The judge determines guilt or innocence based on the briefs presented to him or her, and imposes the sentence.
• Time limits for completion of the trial: When the maximum possible sentence is less than two years, the judge normally has up to four months to reach a verdict. When the maximum possible sentence is more than two years, the judge normally has up to one year to reach a verdict. However, in some cases, verdicts may be delayed longer than the law allows.
• Generally, a verdict is handed down by the judge 15 working days after the accused has been brought before the court for a final hearing. If the verdict results in a prison sentence, the time the accused has spent in prison prior to the verdict counts toward the fulfillment of the sentence.
*Some states in Mexico have adopted an oral trial system similar to that in the U.S. Baja California is in the process of switching to such a system.