Have you ever been in a complicated situation, where they call you to notify that a relative of yours was arrested for the commission of a crime and you do not know what to do? Here we will explain everything about the arrests, the reasons that they can derive, what types exist, what can you do as a family member, to help the person, among other things.
It is important that you know about the types of arrests that exist, since if you are accused of having committed a crime, it is that your relative could have been detained in any of these cases.
What types of arrests are there?
Criminal flagrancy (It is when your relative is arrested at the time of committing the crime)
It is understood that flagrante delicto exists when the person is arrested just at the moment in which he is committing the crime, for example if a person is robbing in a store and at that very moment a policeman sees him and detains him, or if he stole and wanted fleeing, however, a policeman was passing to whom the victim points out that the person is running and stole something and chases him until he manages to arrest him just after the crime was committed.
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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These assumptions can be found indicated in article 149 of the National Code of Criminal Procedures, where it is important to know that it is always after making the arrest that the person must be made available to the public prosecutor so that it can follow up according to the law.
Urgent case (very unlikely that this is your case)
This occurs when there is data that the act committed is a serious crime and the person arrested was the same person who committed it or participated, for example in an intentional homicide, if there is enough data to verify that a certain person could be the author of the crime.
Another assumption could be if there is a risk that the person escapes from the action of justice, that is, that he may flee the country, for example if the person who committed the crime lives on the border and has the facility to cross into the United States. . Or by reason of way, time and place, the person can evade justice.
As in the case of detention in flagrante delicto, it is necessary that the person who made the detention in an urgent case, must place the detainee at the disposal of the public prosecutor so that he in turn can present him before the Judge.
Arrest warrant
The arrests that occur when there is an arrest warrant involved, may be because there is all the necessary data for the person to be detained and there is a possibility that they may be withdrawn from the action of justice or when the person has not appeared in court. the subpoenas that have been made.
For example, a defendant who has been summoned to appear at a hearing, still does not do so although the summons has been repeatedly sent to him, in these cases the public prosecutor in a private hearing can request the judge to issue an arrest warrant and that the person, despite being warned, still does not appear and it may be the case that he is making attempts to evade the action of justice.
And in most cases, when it comes to serious crimes such as homicides, rapes and the family member accused of having committed the crime, they have not been arrested at the time of committing it, surely when the public prosecutor has evidence of their responsibility, they will be detained. In the place where you are.
In all these cases, it is extremely important that you immediately look for a criminal lawyer to begin defending your family member, since if they are not represented from the beginning, serious mistakes can be made, which have the consequence that they have not had a defense. technique from the beginning your family member may end up in prison having other different alternatives.
How long can a person be detained?
In the event that the detainee has been arrested in flagrante delicto, that is, at the very moment of committing the crime, the public prosecutor has the obligation within a period of 48 hours whether the detainee will be released or will be made available to the judge, in virtue to the particularities of each crime.
There are certain crimes in which the person who was arrested can reach an agreement with the public prosecutor within 48 hours, thus avoiding that he is sent to prison.
It is necessary to know that the agreements only proceed once the public prosecutor or the judge approves them, and certain conditions must be met, which we will explain below.
The crimes that are prosecuted by complaint, for example a fight, if a person beat another in a fight, and the victim decides to reach an agreement with the person responsible, they will be paid the amount agreed for the injuries caused, when the public prosecutor approves it, the criminal action will be extinguished.
Wrongful crimes, in this case we could give an example of injuries caused by a traffic accident, if the people involved reach an agreement, either to pay material and personal damages, among other things, to which the authority must approve it.
Finally, in the case of a non-violent property crime, for example a fraud, in this case it applies the same as in the previous ones, if the people reach an agreement and the competent authority approves it, the criminal action will be extinguished.
WHAT SHOULD I DO IF THE POLICE ARRESTED ME FOR A CRIME?
When people are detained they must have a lawyer, either a private defender or a public defender, this is a right they have.
We not only find it established in the Constitution but also in the National Code of Criminal Procedures, which mention that everyone has the right to an adequate defense by a lawyer.
As we have already mentioned, the defense can be private, that is, the person or the family of the person hires a private lawyer, who from the moment of their arrest must go to the place where the detained person is and provide legal services.
Similarly, those who do not have the resources to hire a private defender, or simply do not have the desire to do so, the State has the obligation to provide public defense, who will carry out the same functions as if it were a lawyer. particular.
Remember that the accused have rights, and these should not be exceeded.
What are the crimes that are considered serious?
If your relative is arrested and accused of having committed any of these crimes, it is very important that you go immediately to a criminal lawyer so that he can defend him.
This catalog lists the following crimes, the same as each type of crime, which can be found in the Penal Code of each State.
Crimes of abuse or sexual violence against minors: In this, as you can see, it is more focused on crimes against minors, but in the same way in a sexual nature,
Organized crime: Organized crime is understood as a de facto organization of three or more people, to commit crimes permanently or repeatedly.
Intentional homicide: This is a type of crime that lies in depriving a person of life with the intention of producing such a result.
Femicide: Killing a woman for the sake of being one, however for this crime to occur it is necessary to comply with the assumptions established by the Penal Code.
Rape: Rape is when someone forces or pressures you to have sex. Here no specifications are given, either to minors, women, etc. this offense is general.
Kidnapping: Kidnapping is understood to be the seizure and retention that is made of a person in order to request ransom money. We must focus a lot on this part, the fact of asking for a ransom, when crimes are analyzed, they always come as parts, and each of these is important, since they have to be fulfilled so that it has all the elements of such crime , that is, so that the typicality is fulfilled; so for the elements of the kidnapping crime to be met, the person who committed it must have asked for a ransom in money.
Human trafficking. Human trafficking, human trafficking or human trafficking is the illegal movement of human beings for the purposes of labor, mental, reproductive slavery, sexual exploitation, forced labor, organ harvesting, or any modern form of slavery against the will and well-being of the human being. Much of human trafficking is carried out for clandestine commercial purposes.
Robbery from home: The crime of robbery at home is defined as the act committed by an alleged criminal by seizing property of others by invading private properties such as houses, land or apartments.
Use of social programs for electoral purposes: Electoral crimes are those actions or omissions that injure or endanger the proper development of the electoral function and undermine the characteristics of the vote that must be universal, free, direct, personal, secret and non-transferable. .
Corruption in the case of crimes of illicit enrichment: Crimes for acts of corruption are provided for in the Federal Criminal Code and in the criminal codes of the federal entities.
Abusive exercise of functions: Commits the crime of abusive exercise of functions by the public servant who in the performance of his position unduly grants by himself or by an interposed person, contracts, concessions, permits, licenses, authorizations, franchises, exemptions; make purchases or sales or carry out any legal act that produces economic benefits to the public servant himself or any third party with whom he has affective, economic or administrative dependency ties
Theft of cargo transportation in any of its modalities: Theft of motor transport was legally defined as the crime against people who provide and use by themselves or by a third party the services of motor transport of cargo, passengers, tourism or private transport with penalty from six to 12 years when the theft is in merchandise.
Crimes in the matter of hydrocarbons, oil or petrochemicals: These would be, for example, those of theft of hydrocarbons, to which they sell gasoline or diesel, among others.
Crimes related to forced disappearance of persons and disappearance committed by individuals: The crime of disappearance committed by individuals is incurred by those who deprive a person of liberty in order to hide the victim or her fate or whereabouts. Whoever commits this crime will be sentenced to 25 to 50 years in prison and a fine from 4,000 to 8,000 days.
Crimes committed with violent means such as weapons and explosives: For example, if an armed robbery was carried out, that is, they used a knife, firearm, etc.
Crimes related to firearms and explosives for the exclusive use of the Army, Navy and Air Force: For example, the carrying or possession of weapons.
Serious crimes determined by law against the security of the nation, the free development of personality, and health: For example, treason, espionage, terrorism, among others.
The Mexican criminal process explained in English
