Too Much Cabo Wabo; Get ready for the delights of the Mexican jail
http://www.ocweekly.com/features/features/too-much-cabo-wabo...
By Dave Wielenga
March 9, 2006
Millions of students will spend this year?s spring break exploring peoples south of the border, and lots of them will do it in Mexico. Americans love
Mexico! Loving Mexico is practically an American tradition!
We love its Cinco de Mayo, its margaritas, its Crunchwrap Supreme? (back at Taco Bell by popular demand). We love its language, especially the shards
of Spanish-class dialogue we still have memorized, and if we come across a situation where, in fact, Susana no esta en la sala; Susana esta en la
cocina, we will most certainly say so. Why wouldn?t we? We love the simple, friendly Mexican people?especially the young, sexy ones?and the way they
call us ?amigo,? not only because they all not-so-secretly dream of meeting an American who could, you know, kinda help them out, but also because
they so genuinely enjoy helping us have a good time. And speaking of that, we especially love their VIP Party Pass, which entitles the bearer to 50
hours of free drinking at?although not free admission to?the Pimp & Ho Party, Foam Fest, Take-a-Dare Party, Pajama Party and Jell-O Wrestling.
Plus, we?ve heard that Mexico has excellent weed, available anywhere, very cheap. Oh, and did you know you often don?t need prescriptions in the
pharmacies? Of course you did.
But maybe you didn?t know that buying controlled substances without a prescription in a Mexican pharmacy is illegal. Or that drug possession in
Mexico?which considers marijuana and amphetamines the same as cocaine and heroin?brings sentences of between 10 and 25 years. Or that being drunk in
public?or even drinking in public?is illegal in Mexico. Or that corrupting a minor?even a sexy one?is very much against the law. Or that getting in a
fight?even when somebody else starts it?will land you both in the back seat of a police car.
Did you know that more Americans are arrested every year in Mexico than in any other foreign country? Did you know that Mexico?s legal system is based
on Napoleonic Law, which presumes that anyone arrested is guilty until proven innocent . . . and that it often takes more than a year to figure that
out? Did you know that suspects in Mexico are never released on their personal recognizance?that to get out of jail while awaiting trial, they must
always post bail . . . but that for crimes considered ?serious? (including drug possession, corrupting a minor, assault), bail itself is not allowed
by law? Have you figured out yet that there are more Americans in Mexican prisons than in any other foreign country?
?Most students and other tourists who come to Mexico enjoy their visits without incident,? says Chris Bendsen of the United States Consulate office in
Hermosillo. ?But U.S. citizens in Mexico are subject to the laws of Mexico. There is no exception made because U.S. citizens are visitors or because
they may not understand local laws.?
That in itself may be difficult to understand for some Americans, who may assume that the heavy-handed approach the United States uses in its
international dealings with Mexico imbues them with some kind of immunity or influence. Nope. That big wall we?re building along the border? It?s
impenetrable from both sides.
Excessive alcohol consumption and unruly behavior can lead to serious problems with Mexican authorities. According to the U.S. Consulate, alcohol is
involved in the vast majority of arrests, accidents, violent crimes, rapes and deaths suffered by American students on spring break. Disturbing the
peace, lewd or indecent behavior, littering, driving under the influence, drinking on the street or on public transportation, using public
transportation without payment, or making obscene or insulting remarks are all considered criminal activities by Mexican authorities. All individuals
16 years of age or older are tried as adults.
It?s true that Mexican authorities sometimes look the other way when they encounter law-breaking spring-breakers. But as tour companies have
increasingly marketed Mexico as a place where anything goes?and as offenses have become more flagrant?there is a growing sense of offense and outrage
by Mexicans sick of public intoxication, nudity, sex and urination.
This year the resort city of Mazatlan is distributing English-language fliers to American and Canadian spring breakers, reminding them that ?drug use,
public nudity and immoral acts are prohibited by Mexican laws? and advising them that ?anyone caught breaking the law will be taken into custody.?
?It?s a way of telling them that, just as there are laws in your country, so there are laws here,? said Mazatlan mayor Alejandro Higuera Osuna, ?and
you need to know them.?
So what are your rights if you are arrested in Mexico?
You have the right to contact the U.S. Consulate, and it will send a representative to provide you with an overview of the law and a list of Mexican
lawyers, and, at your request, it will contact relatives or friends back home. The rep may also be good for a little sympathy. But the U.S. Consulate
can?t get you out of jail or interfere in any way in the proceedings.
If you?re arrested for one of those serious crimes?again, including drug possession, driving under the influence, corruption of a minor, assault?the
police will turn you over to an agente, or district attorney. The agente can hold you for 48 hours (unless he gets an extension) while investigating
and deciding whether to prosecute, set bail, or drop charges and release you. During that time you will be asked to make a statement, and you can have
an attorney and an interpreter. A tip: don?t sign anything you don?t understand.
If the agente decides to prosecute, a judge has 72 hours to determine ?probable responsibility? (like probable cause). During this period, your
defense attorney has the opportunity to present your side. After 72 hours, the judge may release you, set bail (called fianza), or keep you in custody
and continue proceedings.
All those legal shows you?ve seen on TV won?t help you in Mexico, where trials consist of many separate meetings and where evidence and arguments are
written, rather than presented live. There are no juries. A judge decides on innocence or guilt and imposes sentence . . . eventually. Justice isn?t
any swifter here than it is back home. If the maximum potential sentence is less than two years, judges have four months to decide. If it is more than
two years, judges have up to a year. But this is theoretical. It often takes much longer for verdicts to be reached.
Guilty? Look at the bright side: Mexico doesn?t have the death penalty.
But Mexican jails often provide only the minimum of basic necessities. Prisoners sometimes have to purchase food, clothing, bedding and even rent on
their cell. It?s a good idea to arrange with friends to provide money, food, medicine and such.
Those U.S. Consulate reps will try to keep visiting too, and keep the advice coming. But if the sample advice they offer on their official website is
any indication, you?re pretty much on your own. They suggest you ?learn the written and unwritten rules of your prison and the psychology of your
guards and fellow inmates.? They suggest you ?learn Spanish.? They suggest that if jobs are available, you should ?try to get one to stay busy and
possibly reduce your sentence.? They suggest you ?make friends with compatible inmates to reduce loneliness and create a support network.? They
suggest you ?eat as well as you can? and ?try to guard your health? and ?exercise when you can.?
But just when you think a picture can?t get any darker, there?s this: virtually all Mexican prisons allow inmates regular conjugal visits. Just
another reason we love Mexico!
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