Mexico Interigations

[Ciceron]

i am a us citizen and mexico investigators want me to go there to give a statement to them while i was there. if i refuse will they get a extradition order for arrest and make me come down there? this is for a murder investigation. i had reported it here in the us and told them the local authorities have my statement. can they use that or they need me. I am fearful for my own safety. can they extradite me for non cooperation of investigation.

[marylu]

Mike-

You are correct to be cautious about volunteering to go to a foreign country for "questioning" in a felony case - especially, a homicide. Once you cross the border, you relinquish a lot of the liberties and guarantees that you enjoy here under our Constitution. However, if you have no objection to being interviewed, you might propose other options to the Mexican authorities.

First, you should discuss your "involvement" or knowledge of the homicide with a U.S. based attorney who has knowledge of the Mexican judicial process. Secondly, you can discuss your cooperation with the U.S. Consulate in the Mexican jurisdiction that wishes to interview you. See if there are any assurances in place that you are only there for questioning and will not be subject to arrest. As an alternative to you going to Mexico, you might discuss an interview in your attorney's office here in the U.S., a video conference from your attorney's office with the Mexican investigators, etc. Although it is extremely rare that an American would be extradited to any foreign country for simple "questioning," this does not prevent the Mexican authorities from securing an arrest warrant for some other charge such as "accessory to murder," "complicity in a murder," etc. and then asking the U.S. to extradite you to Mexico. If that be the case, you would be entitled to a hearing here before the extradition took place. We don't recommend this route.

You should speak to a U.S. based attorney immediately and get your ducks in a row as to how you want to placate the Mexican authorities e.g. in-person interview in your attorney's U.S. based office, video conference, or even telephone. With all the saber rattling that the U.S. does with Mexico over drugs and violence, you can be assured that the Mexican authorities will not be happy with a "gringo" thumbing his nose at them in a homicide investigation.    

-The MPM Group, Inc.

Disclaimer:  The MPM Group [www.TheMPMGroup.com] is not a law firm; consequently, its staff will neither engage in rendering legal advice nor are they authorized to do so. Information/opinions obtained from our firm should not be considered a substitute for the advice of an attorney and it in no way creates an attorney-client relationship.  If you require formal legal advice, you should seek the services of a properly licensed attorney.