Mexican Law/Deported From Mexico While On Bond for Criminal Charge
QUESTION: Can you please tell me what specific laws would support the dismissal or suspension of my pending criminal case (Family Violence) in Guerrero, Mexico.
As I have been deported by Mexico Immigration while out on bond for the criminal charge and cannot not appear and sign in Court or defend myself. (Human Rights Violation ? Due Process Right Violation? Constitutional Rights Violation? I know I have to have the opportunity to defend myself, present new evidence, witnesses, appear, be heard, and I can't defend myself or prove my innocence since I was deported by Immigration another part of the Government outside the country.
If I don't do something, they will order my Re-Apprehension for not going to Court and Signing, which I am incapable of doing because I am Deported and not legal.
Therefore, please specify what specific laws, codes, or procedures support either an Amparo or Annulment in either Guerrero State Law, or Federal Law? and which options are the best.
I thank you in advance.
ANSWER: Hi Rich,
Without studying the specific case, its hard to give concrete advice, but a couple of things come to mind.
First, you can still defend yourself even though you are not in the country. I assume that you paid a "fianza" and that means that the charge was not "grave". In the worst case, you get convicted and pay the fine plus money in lieu of whatever the prison term is.
Regarding the issue of not showing up to sign, you are correct, the judge could issue an order for "re-apprehensión". I think the best strategy is to have your legal representative present a request to forgive the signing due to the exigent circumstances. If the judge refuses or issues the order for your apprehension, you can present an appeal or amparo (depending on the specifics of the Guerrero Penal Code).
Hope this helps...
Lic. John Lee Ward
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QUESTION: Thank you John for your answer.
However, there has to be more.
I have to have rights under the Mexico Constitution to proceed to trial and to defend myself and to locate witnesses and present my defense accordingly.
That is impossible to do since I was deported by a different agency of the Mexico Government.
There has to be a method for me to have the case either Dismissed or Suspended for the 5 years I was deported. It is impossible for me to property defend myself or appear in Court. This has to be a violation or my Due Process rights, my Human Rights, by my Rights under the Constitution to appear in Court and be heard in all parts of the trial.
Please, I know you cant both Deport me and then convict me without me defending myself or appearing because I could not and then Extradite me back to go to prison.
I have to find the method and do it soon. Their has to be something. I am confident you can't just deport people, then order their arrest for not appearing and extradite them back.
I am not guilty of the crime, and I can not properly prove that if not I cannot proceed through the court system.
Please help me. There has to be previous case history where they dismissed criminal cases against people who were deported because they could not appear and defend them-self.
I thank you in advance.
Tough cases with Constitutional underpinnings are my specialty. I have a Masters in Derecho Constitucional y Amparo and am a Doctoral Candidate in Constitutional Law. As I mentioned in my first response, without having access to all the details, it is hard to give concrete advice.
If you were deported 5 years ago, then I can't imagine that the case in the trial court is still alive. As you are not physically detained, many options possible with an amparo are precluded. As the standard 15 days for presenting an amparo has passed, many other options for an amparo are precluded. Your only chance with an amparo is to argue that you are the victim of "actos de autoridad de tracto sucesivo". Making this argument may be possible in your case.
I may be able to help you. But I will need to know all the details and such help would be well beyond the scope of this forum. If you are interested in engaging me as your lawyer, you may contact me via email: email@example.com