Arrests in Mexico – Most Common Cases and Solutions

Arrests in Mexico? tourists can be arrested for various offenses, usually related to violating local laws. Some of the most common include:

• Possession and use of drugs – Having or using illegal drugs, even in small amounts, can lead to arrest.
• Driving under the influence – Driving while under the influence of alcohol or drugs is a common reason for arrest.
• Public disorder – Engaging in fights, causing disturbances, or bothering others in public spaces can result in detention.
• Theft or vandalism – Shoplifting, damaging public or private property.
• Excessive alcohol consumption – In tourist areas, some visitors overindulge in alcohol and end up detained.
• Disrespecting authorities – Insulting or assaulting police officers or security officials can lead to arrest.

Upon entering Mexico from the U.S. border, authorities can make arrests for several common crimes, including:

• Drug trafficking – Attempting to bring illegal substances such as marijuana, cocaine, or methamphetamines.
• Weapons smuggling – Transporting firearms or ammunition without the proper permits.
• Human trafficking – Attempting to bring people across the border without the required documentation or for illicit purposes.
• Use of false documents – Presenting fraudulent passports, visas, or IDs.
• Money laundering – Carrying large amounts of cash without declaring it to authorities.
• Vehicle theft – Attempting to enter with stolen vehicles or altered documents.
• Outstanding arrest warrants – Individuals with criminal records or active warrants may be detained when crossing.

Authorities at entry points (customs, checkpoints, and border stations) conduct constant inspections to detect these crimes.

Common Arrests and How to Handle Them

Arrests in Mexico for Drug Use (Parties, Gatherings) Without Intent to Sell or Distribute

Personal drug use is permitted only for specific drugs and in limited amounts:

• Opium – 2g
• Diacetylmorphine (Heroin) – 50mg
• Cannabis (Marijuana) – 5g
• Cocaine – 500mg
• LSD – 0.015mg
• MDA (Methylenedioxyamphetamine) – 40mg (capsules/tablets no more than 200mg each)
• MDMA (Ecstasy) – 40mg (capsules/tablets no more than 200mg each)
• Methamphetamine – 40mg (capsules/tablets no more than 200mg each).

However, being caught with an unlisted drug or exceeding these amounts can lead to arrest.

Simple drug possession is not a serious crime in Mexico as long as the Public Prosecutor has no evidence suggesting intent to sell or supply to minors or vulnerable individuals. The best solution is to reach an agreement with the prosecutor (similar to probation but without a criminal record in Mexico). This agreement usually involves conditions such as:

• Abstaining from drug possession and consumption for one year.
• Residing at a fixed location.

If these conditions are met, the case is dismissed.

Arrest for Sexual Abuse, Assault, or Rape

Sexual offenses are heavily penalized under Mexican law, and foreign nationals are often arrested for these crimes.

If the victim calls 911 and reports the incident, police can enter the location, arrest the accused, and take them into custody. Within the first 48 hours, they will be taken before a judge to hear the charges.

The best solution is to hire a defense attorney to challenge the prosecution’s claims, especially if the accusations are false or the case involves a lesser offense (e.g., abuse rather than rape).

It is unlikely that bail will be granted because foreign nationals usually lack a fixed residence in Mexico, increasing the risk of fleeing.

• A plea deal is advisable only if charged with abuse or harassment.
• For rape charges, a plea deal is not recommended because no early release benefits apply.

Arrest for Firearm Possession at Borders or Airports

Firearm-related arrests are common at the U.S.-Mexico border, especially when Americans forget they have firearms or ammunition in their vehicles.

The best strategy is to hire a defense attorney immediately to determine whether the weapons or ammunition are classified as exclusive to the Mexican military, which would make it a serious crime.

If the weapons are not for exclusive military use, the defense can request immediate release. However, the individual must prove strong ties to Mexico (business activities, frequent travel) to avoid detention.

• If charged with a serious crime (military-grade weapons), bail will likely be denied.
• A plea deal is a good option, as it allows release, creates a criminal record, but does not prevent future travel to Mexico.

Arrest for Street Fights Without Serious Injuries

Street fights involving foreigners at parties or entertainment venues are common and often result in arrests.

• Assault charges can be resolved through a damage compensation agreement, where the accused pays the victim for medical expenses and emotional distress.
• Foreign nationals should reach an agreement within 48 hours of arrest, as being taken before a judge could complicate release due to lack of a fixed residence in Mexico.

A plea deal is unnecessary in these cases since Mexican criminal law provides alternative resolutions that do not create a criminal record.

Arrest Due to an Outstanding Warrant

If you were previously accused of a crime in Mexico and left the country, returning could be a bad idea, as an arrest warrant may be waiting for you.

These cases are particularly risky because the judge is aware that you fled, which is why the warrant was issued.

Before returning to Mexico, consult a criminal lawyer to check your status and find solutions to resolve the case beforehand.

Arrest for Homicide Cases

A murder charge can result in life in prison.

• If involved in a homicide case, immediately consult a criminal defense attorney.
• If not yet arrested, you have an advantage: you can analyze the criminal investigation and try to convince the prosecutor of your innocence (if applicable).

If arrested, a strong evidence-based defense is necessary.

• Plea deals and alternative solutions are not available for murder charges.

Arrest for DUI or Driving Under the Influence of Drugs

In Mexico, being arrested while drunk or high is not a crime (as long as no accident occurs and no drugs are found in your possession).

However, it is an administrative offense, meaning you can regain your freedom by filing an appeal (we can help you with this).

Regarding your vehicle, a fine will be required, ranging from $500 to $1,500 USD, depending on the state where the offense occurred.