Criminal Law Legal problem in Mexico quesion

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bt2461

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Hello:

I found your site on the internet while doing research on behalf of a friend who has a legal issue in Mexico and asked me to help him get some basic answers to questions regarding his status.
Here is the situation:

A couple of weeks ago he was arrested at the Mexico City airport (when changing planes on his way to Panama for a coin conference) for improper declaration of some gold coins he was carrying. He is certain he filled out the declaration form correctly (as he had when he departed the US) stating that he carrying commodity items, as the coins have no numeristic value, just bullion.
He spent several days in jail and was then transferred to the immigration detention center at which time bail ($700) was set and posted. He was released with all his possessions, including passport, EXCEPT the gold coins he was arrested with and is now staying in a hotel working on what he called his "declaration", which must be presented to a judge within 5 days. He is getting conflicting legal advise on several matters. He needs a clarification on on the following:
One attorney said that if he were to come back to the US before the case is settled and forfeit his coins, the US and Mexican governments have agreements that would result in US authorities arresting me and handing me back to the Mexican authorities.

If you could help with this question, it would be much appreciated.

Best regards,

Bill Toll
 
No Extradition For Failure To Declare!

Technically, the attorney gave "your friend" the correct information, but not the right information pertaining to what makes who extraditable from Mexico to the U.S. and vice versa.

There is of course an official Extradition Treaty in place between the U.S. and Mexico, and just as with the states within the U.S. will not extradite or even request extradition of a fugitive for any type of crime, international extraditions too will not take place for just any run of the mill, non-violent, non-terroristic crimes.

Treaty or no treaty, no country likes to or will (in most cases) hand over its own citizens to another country and will refuse any extradition order unless the crime committed is of a violent nature. By the same token, the U.S. and Mexico will heed extradition requests only if the crime for which the fugitive is wanted for falls within the category of crimes described in the Article III of the U.S. and Mexico Extradition Treaty and this is what it says:

Persons shall be so delivered up who shall be charged, according to the provisions of this treaty, with any of the following crimes, whether as principals, accessories, or accomplices, to wit: Murder, (including assassination, parricide, infanticide, and poisoning;) assault with intent to commit murder; mutilation; piracy; arson; rape; kidnapping, defining the same to be the taking and carrying away of a free person by force or deception; forgery, including the forging or making, or knowingly passing or putting in circulation counterfeit coin or bank notes, or other paper current as money, with intent to defraud any person or persons; the introduction or making of instruments for the fabrication of counterfeit coin or bank notes, or other paper current as money; embezzlement of public moneys; robbery, defining the same to be the felonious and forcible taking from the person of another of goods or money to any value, by violence or putting him in fear; burglary, defining the same to be breaking and entering into the house of another with intent to commit felony; and the crime of larceny, of cattle, or other goods and chattels, of the value of twenty-five dollars or more, when the same is committed within the frontier States or Territories of the contracting parties.

And I don't mean to be impertinent or disrespectful here, but the country of Mexico, and indeed most other countries, will like nothing better than keeping the coins and not to have to go through a lengthy show and no arrest warrants or extradition requests will issue for "your friend" by the Mexican court.

Hope it goes well for him!
fredrikklaw
 
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