In July 2023, an Arab couple was arrested at the Calexico-Mexicali customs checkpoint. They were both heading to a dental appointment, a common practice among American citizens looking to save some money due to the high costs of dental services in California. However, they overlooked a small detail: removing a firearm from their car. The firearm was registered and had a valid permit in California, but that permit is not valid in Mexico, where possessing such a weapon is considered a serious crime since it is classified as a firearm exclusively used by the Mexican military.
Customs agents requested that they stop after the red light signal was activated. They began searching the Lamborghini, and when the agents explicitly asked the Arabs if they had any illegal items to declare upon entering Mexico, they said no, adding that they only had a firearm that was registered in California and had a valid permit.
Upon hearing this, the National Guard conducted a thorough inspection and found the firearm in the vehicle’s passenger trunk. The driver and the passenger were immediately informed that they were formally under arrest for the crime of carrying a firearm exclusively used by the Mexican military. Surprised and fearful, the couple was sent to the public prosecutor’s office in Mexicali.
In the early hours following the arrest, the family of the couple contacted us through the U.S. consulate in Tijuana to immediately go to the prosecutor’s office. We began working on the case to explore possible solutions.
Accused a relative of a crime in Mexico? Do you need to know if it is a crime to bring weapons into Mexico? Do you need to know if it is a crime to bring marijuana into Mexico? The prosecutor is accusing me of having committed a crime that I did not commit? Has your loved one been in jail in Mexico for years?
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The case presented certain complexities. The individuals were arrested while committing the crime, the officers had done their job while respecting their human rights, and they had explained their rights in English to comply with the formalities of the criminal process. The case was difficult, and the chances of securing their immediate release from this charge were increasingly complicated.
We began the defense by attending court, where we initially sought to have our clients released through a judge’s ruling, arguing that there was an invincible mistake and attempting to demonstrate that the couple was unfamiliar with Mexican laws.
After two weeks, we successfully secured the release of the couple, who were cleared of all charges.
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The Mexican criminal process explained in English
