Knowing the Law in Mexico
If you run into legal trouble in Mexico the United States and Canadian consulates may be able to provide limited assistance. You should be reminded that the consulates have no legal jurisdiction in Mexico and that their main purpose is to provide you with information. As a visitor, you are subject to local Mexican law, which will interpret your actions and behavior. Mexican law is very different from US or Canadian law (see below).
If you are arrested in Mexico you should ask the local authorities to contact the closest consulate. Consuls cannot act as your attorneys or have you released from custody; however, the consuls can work to protect your legitimate interests and ensure that you are treated in the same manner as Mexican prisoners. They provide a list of attorneys, provide information on Mexico’s legal system, offer to contact the arrested person’s family or friends, visit on a regular basis, protest mistreatment, monitor jail conditions, provide dietary supplements, and keep the US State Department or the Canadian government office informed.
There are basic differences between US, Canadian and Mexican law and each judicial system. For instance, in Mexico you are considered guilty until proven innocent and often may be considered guilty by association. As an example, if you are involved in a motor vehicle accident you will be detained in a jail until the circumstances of the accident are resolved. This may mean a lengthy incarceration despite the fact that you may be at no fault. Also, if you pick up a hitchhiker on the road and he or she is caught in your presence by the authorities with contraband or weapons you may well be charged with the crime.
If you become hospitalized in Mexico and cannot pay your hospital bill you may not be lawfully detained against your will. If this does happen or it is threatened, call the Minsterio Publico (District Attorney) for help. For the district attorney’s phone number and address of your city or town, please refer to the emergency information section of each city listing in the MedToGo Mexico or Yucatan books. Typically, you will have to sign a waiver of legal recourse on entrance to a hospital or emergency room. In many instances you will be required to pay in advance or leave a deposit. All too many Mexican hospitals have complained that they have treated foreigners only to have them skip their bills. Their strict policy is a result of this unfortunate practice. It is your duty to pay your bill and seek reimbursement from your domestic insurance carrier when you return home. Make sure that you request thorough documentation of your treatment from your Mexican doctor(s) or hospital.
Jail conditions in Mexico are very poor. Food and medical care is substandard. If you want good food you will have to have someone from the outside bring it to you. You may be extorted by other prisoners and required to pay fees for protection. Don’t go to jail.
