PVCC Puma Press: March 2006

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	Photo by Matthew Casey
	This prison in Caborca, Sonora, could be "home" for years to unaware Americans who have drinking or driving accidents.
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Millions of Americans choose nearby Mexico as their destination for an easy, hassle-free vacation every year, but few are aware of the dangers that exist beyond the tempting sirens of the low-cost exotic coastline. According to the U.S. embassy in Mexico, thousands of Americans are incarcerated every year, most for minor infractions, and some detained for years without trial.

International Attorney Dick Atkins, who has earned his reputation as the “Houdini” of rescuing Americans from foreign prisons by working on behalf of thousands of Americans arrested abroad for nearly 30 years, says, “Most Americans assume that the US Constitution follows them everywhere they go. But they’re wrong.”

One minute you’re humming along to your favorite Mexican folk song, daydreaming about the salty ocean or a margarita, and the next you’re in the backseat of a police car speeding toward accommodations at one of Mexico’s many notoriously dangerous and life-threatening jail cells. It could happen in an instant. To one of Atkins’ clients, and to many others before and after him, it did.

“We got the call right away,” Atkins says. “He was on the way to the police station.”

A local Mexican, driving a smaller car, rear-ended an American and as a result was seriously injured. The Mexican was taken to the hospital and the American was immediately arrested and taken to the local police station half-an-hour away. Luckily for him, he still had his cell phone, along with Atkins’ emergency number.

Atkins acted with urgency, knowing that in most car accidents in Mexico the people involved are incarcerated until the case is fully investigated, which has been known to take several months. He explains, “Once the wheels are in motion it’s much more difficult to get the person out.”

“By the time he got there, we had a local doctor and several other people to speak on his behalf, local people who spoke Spanish well; and with me on the phone giving directions, we were able to get him out within the hour,” Atkins says.

What was facing this particular American at the time was very common, a rural Mexican police station and an attached, unsegregated jail that was “grimy...unsafe and filled with local people who were arrested for a variety of things, everything from drunken disorderly to...murder,” Atkins says. “It’s what I call a ‘hell-hole’ prison... filled with vermin, insects and all kinds of little critters running around...unsafe for human habitation and typical of places in developing countries, including Mexico and many other countries.”

Ignorance of the laws in another country is not a viable excuse to keep from going to jail. Being aware of the dangers, as well as understanding the laws, can help to ensure a safe, enjoyable stay and return home. Atkins shares some of his knowledge, focusing primarily on America’s tropical southern neighbor and most popular vacation destination: Mexico.

Drugs in Mexico

According to Atkins, the most common legal problem Americans run into when in Mexico is “drugs, which is the most common in almost every country, and that includes a small amount of marijuana,” he says.

Being caught with even a joint is a serious offense. The majority of those arrested are unable to make bail and, instead, await procedures that can take up to a year or more in deplorable prison conditions, with the end result being a sentence of six or seven years. Once the sentence is reached, the only other option for those convicted, according to Atkins, is the Prisoner Transfer Treaty. This allows those arrested in Mexico to finish their sentences in an American federal prison (much preferable to the Mexican option) where they can be up for parole almost immediately.

In his experience, Atkins believes most people take advantage of the Treaty because “they feel it would be better to have a U.S. criminal record than to spend another day in the very difficult, ‘hell-hole’ prisons that seem to abound in many places in Mexico.”

Atkins’ advice to those set on partying, and using drugs, is to do it on American soil and not when in foreign lands.

Intoxication in Mexico

Public intoxication, another popular avenue to jail, usually only involves a single-night stay and a fine, according to Atkins.

However, if the charge is coupled with resisting arrest, it can easily escalate into assaulting a police officer, “and if you have to face the criminal justice system,” Atkins says, "things get much more complicated."

Driving in Mexico

Driving in Mexico is a dangerous risk. If involved in a car accident in which someone is seriously injured, both drivers are automatically arrested and held until fault is determined. This can take months.

“Be really careful when you’re driving,” Atkins says. “I don’t recommend it.” Once the guilty driver is determined, restitution is demanded in order to cover all expenses incurred.

Since most American auto insurance policies become obsolete across the border, Atkins suggests purchasing Travel Insurance or Mexican auto insurance before entering Mexico, if you are determined to get behind the wheel of an automobile.

Without coverage, fines will need to be covered somehow, or, essentially, he says, “You’re going to rot in jail until it’s paid.”

Drinking in Mexico

Drinking under the influence is not nearly as serious an offense in Mexico as it is in the U.S. Atkins admits never having seen anyone actually go to court for a drunk driving violation.

“The police will typically let you pay them some money, and if you’re in the car with somebody else who’s not drunk, will let that person drive off,” Atkins says.

However, if you happen to be involved in an accident, the accident part comes into play, and if someone is hurt, then, Atkins says, “you’re in trouble...and you’re likely to be arrested for it.”

“Be particularly law-abiding and careful” is Atkins advice to staying out of a Mexican jail. Unfortunately, this doesn’t necessarily guarantee a prison-free vacation. “I’ve heard of so many people really suffering and getting really, really ill (in Mexican jails) when they really didn’t do anything. There’s more of a presumption of guilt other than a presumption of innocence, and bail is almost always denied.”

If confronted by a Mexican authority, Atkins recommends being polite and knowing at least enough Spanish to negotiate an alternative to arrest, such as paying a fine. However, Atkins stresses, that this needs to be done carefully, “You don’t want to be charged with bribing the officer.”