Criminal Defense Attorney in Mexicali: Gun, Drug and Customs Charges

For people in Calexico, El Centro and the rest of the Imperial Valley, Mexicali is part of daily life: work, family, dentists in Los Algodones, weekend errands. Most of the criminal cases we see here start at the border: something in the car that should not have crossed, goods that were not declared, or a warrant that turns up when someone drives south. This page is written for those families.

State prosecutor or federal prosecutor? Who handles your Mexicali case

State offenses (assault, theft, fraud, domestic violence, sexual offenses, small-quantity drug possession) are investigated by the Fiscalía Regional de Mexicali, part of the Baja California State Attorney General’s Office, under the Baja California Penal Code, and are heard by state control judges in Mexicali.

Federal offenses (firearms and ammunition, smuggling, larger drug cases, tax crimes) are prosecuted by the federal Attorney General (FGR) at the Federal Criminal Justice Center in Mexicali. Under the Federal Judicial Council agreement that created it, that court also covers San Luis Río Colorado, Sonora, so a federal arrest at that crossing is also litigated in Mexicali.

Mexicali I, Mexicali II and Los Algodones: what gets people arrested

• Ammunition and guns. A few rounds left in a truck are enough. Since the May 29, 2025 reform, bringing non-military guns or cartridges into Mexico without a permit carries 6 to 12 years (Article 84 Bis, Federal Firearms and Explosives Law). U.S. permits are not valid in Mexico.
• Undeclared goods and metals. Smuggling (contrabando) is a federal tax crime. The unpaid duties determine how serious it is, and many cases can be closed by paying them through an alternative resolution, as in the real case below.
• Medication and cannabis. A prescription from a U.S. doctor does not cover controlled medication in Mexico. For marijuana, only 5 grams is treated as personal use (Article 479, General Health Law).

The first hours after an arrest in Mexicali

The prosecutor has up to 48 hours to bring the detained person before a judge or release them. Use that time to gather proof of a stable home, job and family ties on both sides of the border. Those documents are what a judge looks at when deciding whether someone can fight the case out of custody. Foreign nationals also have the right to an interpreter and to have their consulate notified (Articles 45 and 151 of the National Code of Criminal Procedure).

Our Mexicali office is at Trinidad 224, Residencias, 21280 Mexicali, B.C. The firm is led by attorney Germán Terríquez Córdova, with 15 years of experience in criminal defense.

Real case in Mexicali: smuggling charge resolved at the first hearing

A person who lives in the United States was arrested in Mexicali on an arrest warrant. They were accused of smuggling for having brought silver (the metal) from the United States into Mexico without declaring it or paying the corresponding duties.

Smuggling is not a serious offense, but with an arrest warrant already executed, time was very short. We acted immediately: we asked the judge to notify the customs authority so that its legal counsel could be present at the hearing. That allowed us to negotiate a conditional suspension of proceedings (suspensión condicional del proceso), a mechanism similar to an agreement with the authorities.

The corresponding taxes and fines were paid, and everything was resolved at the initial hearing — the hearing for the formal charge and the order binding the accused over for trial (formulación de imputación y vinculación a proceso) — without our client having to face a lengthy trial.

This case is described without personal details to protect the client’s confidentiality. Every case is different, and the outcome depends on its circumstances.

Useful guides: Mexican gun laws; Mexican smuggling laws; Mexican drug laws; arrested at the Calexico border; criminal arrests in Mexicali.

Mexicali FAQ

I live in Calexico. Will I have to stay in Mexico during the case?

Not always. The judge can impose measures such as periodic check-ins, a bond or a travel restriction instead of jail. A travel ban means you cannot leave Mexico without permission, so this has to be argued carefully at the first hearing.

My relative was arrested at the San Luis Río Colorado crossing. Where is the hearing?

If it is a federal case, in Mexicali, at the Federal Criminal Justice Center that covers that Sonora municipality.

Can a smuggling charge be resolved without a trial?

Often, yes. Depending on the amount and the person’s record, paying the duties and penalties together with a conditional suspension of proceedings can close the case early.

Working with Justicia Transparente in Mexicali

• Office in the Residencias neighborhood of Mexicali
• 24-hour response for arrests at the ports of entry
• State and federal defense, including San Luis Río Colorado cases
• Bilingual communication with families in California

Written and reviewed by Germán Jalil Terríquez Córdova, Esq. — Founder and Managing Director of Justicia Transparente. Mexican criminal defense attorney with 15 years of experience. Professional license (cédula profesional) No. 6691677 issued by Mexico’s Ministry of Education (SEP).