How to Obtain Probation in Mexico Immediately: 6 Important Points You Should Know

Probation in Mexico? before being judged in trial is called “Conditional Suspension of the Process.” This legal figure, currently in force in the Mexican legal process, is an alternative to incarceration following an investigation in Mexico for serious and non-serious crimes. This legal solution will allow you to remain free for the duration of this type of probation, which can be requested before the criminal judge from the moment of your arrest in Mexico.

Five key points to know about probation laws (Conditional Suspension of the Process in Mexico) are as follows:

1. The most common crimes committed by foreigners in Mexico are simple drug possession, such as marijuana or cannabis, domestic violence, street fights, and smuggling. All these types of crimes are eligible for this legal solution.
2. The carrying and possession of firearms are not eligible for this legal solution, but probation after sentencing does apply. Therefore, it is also possible to undergo the criminal process while free immediately after detention.
3. The legal requirement to apply for probation (Conditional Suspension of the Process) is that the judge has subjected you to a criminal process (linkage to process). This resolution from the judge is issued one day after having spent 48 hours in the prosecutor’s office (approximately 70 hours after your arrest).
4. If you violate the conditions agreed upon in probation, the public prosecutor may issue an arrest warrant against you.
5. Granting this probation does not generate a criminal record in Mexico.

In this article, our criminal defense law firm with offices in Tijuana and throughout Mexico will answer the following questions:

Table of Contents

1. What is probation (conditional suspension of the process)?
2. How can I obtain probation in Mexico, and what crimes allow me to apply for it?
3. Can I travel to my home country while on probation?
4. Can I end probation early if I pay bail?
5. What happens if I violate or fail to comply with probation?
6. Can I expunge a record?

What is probation (conditional suspension of the process)?

Mexican procedural criminal law defines it as follows:

“Suspension of the proceedings should be understood as the proposal made by the Public Prosecutor or the defendant, which will include a detailed plan regarding the payment of compensation for damages and the defendant’s compliance with one or several of the conditions mentioned in this Chapter, which ensure effective protection of the victim’s or offended party’s rights and, if fulfilled, may lead to the termination of the criminal action.”

This legal mechanism in Mexico is a special agreement between the Public Prosecutor, the victim, and the person accused of the crime. If accepted by the judge, it results in the immediate release of the arrested person.

In Mexico, it is very common for people from other countries, such as the United States, to be arrested. Since they do not have residency in Mexico, it complicates the judge’s approval of these agreements. At our firm, we are experts in these types of cases and have achieved a 100% success rate in securing the release of Americans in such cases. You can review our successful resolutions here.

How to Obtain Probation in Mexico? (Conditional Suspension of the Process)?

Mexican criminal law establishes the following requirements to access conditional suspension of the process. It is important to note that not all the conditions listed below need to be met; sometimes only one or a few of them are sufficient.

To obtain this benefit, the following requirements set by Mexican legislation must be fulfilled.

Article 192. Origin.
The conditional suspension of the process, at the request of the accused or the Public Prosecutor’s Office with the agreement of the former, will proceed in cases where the following requirements are met:

I. That the order linking the defendant to the process has been issued for a crime whose arithmetic mean of the prison sentence does not exceed five years;

II. That there is no well-founded opposition from the victim and offended, and

III. That two years have elapsed since compliance or five years since non-compliance, of a previous conditional suspension, if applicable.

The provisions of section III of this article shall not apply when the defendant has been acquitted in said proceeding.

The conditional suspension will be inadmissible for the hypotheses provided for in sections I, II and III of the seventh paragraph of article 167 of this Code.

Article 193. Opportunity.
Once the order of linkage to the process has been issued, the conditional suspension of the
process may be requested at any time until before the opening of the trial is agreed, and it will not
prevent the exercise of civil action before the respective courts.

Article 194. Repair plan.
At the hearing where the request for conditional suspension of the process is resolved, the accused must present a plan to repair the damage caused by the crime and deadlines to comply with it.

Article 195. Conditions to be fulfilled during the period of conditional suspension of the process.

The control judge will set the period of conditional suspension of the process, which may not be
less than six months nor more than three years, and will determine to impose on the accused one
or more of the conditions that must be met, which in an enunciative but not limitative manner are
indicated:

I. Reside in a certain place;

II. Frequent or stop frequenting certain places or people;
III. Refrain from consuming drugs or narcotics or abusing alcoholic beverages;
IV. Participate in special programs for the prevention and treatment of addictions;
V. Learn a profession or trade or follow training courses in the place or institution determined by
the Control Judge;
VI. Provide social service in favor of the State or public charitable institutions;
VII. Submit to medical or psychological treatment, preferably in public institutions;
VIII. Have a job or employment, or acquire, within the period determined by the Control Judge, a
trade, art, industry or profession, if you do not have your own means of subsistence;
IX. Submit to the surveillance determined by the Control Judge;
X. Not own or carry weapons;
XI. Do not drive vehicles;
XII. Refrain from traveling abroad;
XIII. Comply with the duties of a food debtor, or
XIV. Any other condition that, in the opinion of the Control Judge, achieves an effective protection
of the rights of the victim.

Can I travel while I am on conditional suspension of the process (on probation)?

In 90% of cases, this is because the judge may impose a condition that you reside in the place where you are being processed (for example, Tijuana) during the period of conditional suspension of the process.

If this condition has not been imposed on you, you may travel freely to your home country or anywhere else in Mexico without any issues. In this case, you will need an expert criminal lawyer to help avoid having this condition imposed on you.

Can I end on probation early if I pay a bail?

No, this procedural figure is a benefit granted by Mexican law, provided that the requirements and conditions previously outlined are met over a minimum period of 6 months and a maximum of 3 years, depending on the specific case.

Paying a bail does not replace the fulfillment of the procedural obligations that must be met.

What happens if I violate or fail to comply with probation?

If you fail to comply with the conditions imposed by the criminal judge within the agreed timeframe and during the duration of the benefit, the authority responsible for reviewing probation will be required to inform the judge and the prosecutor about this situation. This will have the legal consequence of summoning the defendant to a hearing, where the benefit may be revoked, and the defendant could be sent back to jail.

When can I get an expungement of my record?

Probation (suspension of the process) does not create a criminal record.

You will be able to enter and leave Mexico as many times as you wish. The criminal judge will let you know that you are welcome in our country and that this solution does not limit you from continuing to visit the country.