Archive
Mugging in Santa Julia
Date: 26 October 2011
Time: 2:55 PM
Reported to Ministerio Publico: Yes
Neighborhood: Santa Julia
Crime: Mugging
Police: No
Message: I was walking from Col Santa Julia toward Centro in the afternoon when a young man came up from behind and grabbed my purse strap. I turned, tried to kick him and we both fell. He dragged me on the street before I let go. I sustained bruises.
I didn’t call the police because my phone was in my purse and the mugger stole the purse. People came out on the street when I screamed, but they would not call the police, however, one witness will testify against my attacker should the police catch him.
I have two friends who told me that they were attacked in Col. Independencia; they called the police. From the description of their attacker, I suspect that the man who attacked me may be the same person who attacked them; my friends told me that they believe their assailant lives in Col. Independencia. My friends also told me that, some time after the attack, a man contacted them, claimed to have found their purses in a field and asked for a propina.
THE BILINGUAL AGENCY
CRIME REPORTING IN SAN MIGUEL – THE BILINGUAL AGENCY
On 1 March 2011, when the Bilingual Agency of the Public Ministry opened its doors in San Miguel, our city became the easiest place in Guanajuato, and arguably in all Mexico, for English-speakers to file official crime reports.
The establishment of the Bilingual Agency was an initiative on the part of Guanajuato’s Attorney General, Procurador General de Justicia, Carlos Zamarripa Aguirre. In collaboration with San Miguel’s mayor, Licenciada Luz María Nuñez Flores, our city was chosen as the new Bilingual Agency’s inaugural site and Attorney General Zamarripa announced the establishment of the Agency at a meeting of San Miguel’s Municipal Security Committee (MSC.)
During the Bilingual Agency’s seven-month maiden voyage, the MSC has received many laudatory reports from English-speakers about the streamlined crime reporting process that now exists in San Miguel. The Committee has also heard from English-speakers who, in the past, have “opted-out” of the crime reporting process because they believed their command of Spanish was insufficient to negotiate the system and they had not wanted to go to the expense of hiring a translator. English-speakers also have had the impression that reporting a crime is too time consuming, too complicated, overly bureaucratic and, in the end, does no good.
The information below is provided to up-date English-speakers on the latest development in crime reporting and help dispel some of their concerns about participation in the process. In compiling data for this article, the MSC interviewed English-speakers who have used the new procedures. The Committee also spoke with Licenciada Blanca Adriana Ramírez García, the bilingual attorney who manages crime reporting initiated via the Public Ministry’s new Bilingual Agency. (Technically, Licda. Ramírez is an “Agent” of the Public Ministry; agents of the Public Ministry are lawyers.)
First and foremost, Licda. Ramírez speaks clear and fluent English with first-rate comprehension. She comes to San Miguel with a wealth of experience as an attorney in the Public Ministry and with the interest, ability and patience to explain the intricacies of the Mexican judicial process to those for whom it is unfamiliar. She invites telephone inquiries (although the actual crime report must be made in person) and recommends, if possible, that individuals who wish to file a report call her before they visit the Public Ministry so that she can answer their questions, brief them on the process and otherwise prepare for their arrival.
CONTACT INFORMATION FOR LICDA. RAMIREZ
Office Address: San Francisco 23, Centro – To increase accessibility to the community, in early October 2011, the Public Ministry and the Bilingual Agency moved into Centro from the Procuradoría de Justicia del Estado (PJE.) building on the Salida a Querétaro. The new location is accessible to vehicular traffic and to pedestrians who live in or near Centro.
Phone: You can reach Licda Ramírez via the Public Minister’s main switchboard at 415-152-3606. Her extension is 48001. We will provide her direct line as soon as it is connected. When you call Licda Ramírez’s direct line, her bilingual secretary will usually take your call, but often Licda. Ramírez will answer the phone herself. Business hours are 9:00 AM – 7:00 PM Monday through Friday, and 9:00 AM – 2:00 PM Saturdays. After hours, even if a crime report needs to be made very late at night, the switchboard will contact Licda. Ramírez and, if the report cannot wait until morning, she will come to her office to take it.
The Public Ministry is easy to find and, for English speakers, the establishment of the Bilingual Agency obviously erases language as a barrier to crime reporting. But, why report a crime in the first place? Here are some reasons.
REASONS TO FILE A CRIME REPORT
1. To Bring Criminals to Justice and Recover Losses: The sequence of events in criminal matters is this. If the Municipal Police, aka the Policía Preventiva (PP) picks up someone for public drunkenness or any other crime that is viewed as “victimless,” that person will have to pay a fine, or stay in detention for a maximum of 36 hours, depending upon the PP’s view of the offense. Such relatively minor cases are not reported to the Public Ministry. However, in serious cases, for example, if the PP makes an official arrest of someone they apprehended at the very moment of committing a crime (robbery, mugging, breaking and entering etc), they will immediately report the arrest to the Public Ministry and the arrestee can be held in detention on the Public Ministry’s authority for a maximum of 48 hours. At this point, while the 48 hours are running, the Public Ministry will start an investigation, but the Public Ministry will need the victim to come forward and make a crime report during those 48 hours. The time element is crucial because, by law, the Public Ministry has only those 48 hours to decide if the case is sufficiently strong to warrant submission to a judge for disposition. The Public Ministry will not take a case before a judge in the in absence of a crime report by a victim; without a victim, there is no crime to prosecute. If a victim does not come forward within the 48 hours, the arrestee will be set free after paying a fine.
No matter how many people know about it, or how many uniformed police officers have visited the crime scene, that crime does not become official until it is filed with the Public Ministry. This means, as noted above, that the perpetrator of a robbery or any other crime (even if caught and jailed) cannot be prosecuted unless the victim has reported the crime in person at the Public Ministry. There are extremely few exceptions to this rule; one is that if a victim has been hospitalized, the Public Ministry agent will take the report at the victim’s bedside. Generally, however, victims must document their losses, by making a crime report, if they ever hope to recover those loses and/or see the thief, or mugger or swindler brought to justice.
2. To Promote Crime Prevention: Reporting a crime to the Public Ministry contributes to crime prevention, a major goal for the San Miguel police. Perpetrators of crime have a propensity to operate in a single area they see as vulnerable. Frequently, the principal vulnerability is infrequent police patrols and, if repeatedly called to the same area because of criminal activity, the police will almost always respond positively to citizens’ requests to increase patrols there. That said, the police have heavy demands on their resources, time and personnel. If victims come to the police with copies of the crime reports they have made to the Public Ministry documenting criminal activity in the area, the reports will give the police an enhanced understanding of the situation and patrols are likely to remain in place for a prolonged period resulting in a decrease in crime.
3. To Help Fund San Miguel’sl Police: To a significant degree, the state government in Guanajuato apportions funding among the police departments in the municipalities based on the number of crimes reported to the Public Ministry offices that cover each municipality. Unreported crimes don’t make it into the statistics and, by definition, are not taken into consideration when the state of Guanajuato makes decisions on police department funding.
THE MECHANICS OF CRIME REPORTING
Reporting a Crime Via The Bilingual Agency Is Easy: Time permitting, it’s best to call ahead so that you can be briefed on the documents you will need to file the official report. They are the original and a copy of one form of your personal identification – a passport, a driver’s license or a visa document. (If you don’t have a copy of your ID, don’t worry; you are going to a business office; copy machines are available.) If you are reporting a robbery, bring proof that you owned the stolen item/s; for example, bring photos, serial numbers, receipts – so that the details of your losses can be entered into the official record. Bring as much documentation as you can lay your hands on – it will all help to build the case against the thief.
If your house was ransacked and you don’t yet know if anything was taken, bring a utility bill, a deed or a rental agreement, anything that proves you are the owner/resident of the house the perpetrator entered. At this point, provided you have furnished the minimal documentation described above, you will be able to sign and file the crime report.
Licda. Ramírez understands that often victims of a robbery do not know what was taken from their homes or offices when they first visit her office; their houses are in a mess and they have not had time to take an inventory of their possessions because, rightly, they have come to her immediately after the incident occurred. As per above, Licda. Ramírez doesn’t need specifics right away; a general idea of what might have been taken is enough for her to start the case. She will, however, need specifics within in 48 hours (see below for explanation) to go beyond the very preliminary casework. Technically, it isn’t considered a robbery unless the victim can tell her what has been taken; unless the victim returns with some kind of documentation within the 48 hours, she will have to drop the case for lack of evidence and, if anyone has been arrested, that person will be released.
After filing the report, Licda. Ramírez will return with you to the scene of the crime accompanied by an officer of the Ministry Police (Policía Ministerial, formerly called the Polícia Judicial) and, as needed, with a “scene of the crime officer” (Servicios Periciales – forensics) who will take fingerprints, etc. The Ministry Police officer will lead the investigation; Licda. Ramírez will follow every aspect of it and maintain contact with the victim throughout the legal process. As important developments occur, or when you, as the victim, ask for an update, she will provide all the information known as of that point in time. Such briefings take place within the Public Ministry and are given orally, face to face – never in writing. You must promise to keep the information confidential because leaked information could alert a suspect or otherwise endanger the case, but the Public Ministry’s guiding principle is that the victim or, in case of a murder, the chief mourner, has a right to know; no one else has that right.
Crime Reporting Is Not Always a Lengthy Process: Depending on the nature of the crime, it can take as little as 15 minutes to over an hour to file a crime report. It stands to reason that if the window of your car was broken it will take less time to make your report than it will to report a robbery where many items were taken and many documents supporting your proof of ownership must be entered into the record. In many cases all the necessary forms can be completed during your initial visit.
Follow-up Procedures After the Crime Report is Filed and the Suspect is in Custody:
As soon as Licda. Ramíez takes a crime report she notifies the PP and puts a hold on the suspect, assuming there has been an arrest. At this point, the Public Ministry has 48 hours to determine whether or not the information against the accused is strong enough to take the case before a judge – it is the judge’s role to decide whether or not to take the case to trial. If no decision is made before the 48 hours are up, the prisoner must be set free. If the Public Ministry opts to go to the judge, the judge has 76 hours to decide whether or not the suspect should be held for trial. If the judge makes no decision within the 76 hours, the prisoner must be freed. If the judge decides in the affirmative, the prisoner will be held for trial. If the matter is grave, like a murder, the prisoner will remain in jail until the trial. If the matter is not so grave, bail can be posted to guarantee the suspects appearance in court.
The above assumes that there has been an arrest, but what happens if a victim has reported a crime, but the perpetrator of that crime managed to escape before he/she could be arrested? In this situation, the Public Ministry will open an investigation on the basis of the victim’s crime report and, at some point, depending on the results of the investigation – strength of evidence, etc. – the Public Ministry will have to decide whether or not to take the case to a judge. The Public Ministry has no deadline to make its decision, because no one is being held in jail awaiting disposition.
Trial Procedures: Court procedures throughout Guanajuato changed as of 1 September 2011. Previously, all criminal procedures were in writing. The opposing lawyers wrote their arguments for the judge and he/she would review them as well as all documentary evidence. That is why everything had to be so fully, and some might say painfully, documented – every last detail had to be presented for examination in written form. Neither the accused nor the lawyers would be able to address the judge on the merits of the case.
After 1 September, the accused and the opposing lawyers present themselves before the judge. The accused will be asked if he/she would like to speak. The accused may elect to speak, or may decline. After the accused has spoken (or declined to speak), the opposing lawyers will be able to present their arguments, orally, to the judge. The details of how this new system will work are still being hammered out (there will, of course, still be written material concerning each case and a court reporter will provide transcripts of the proceedings), but the changes are expected to streamline legal procedures and, as a byproduct, help to clear the backlog of cases that developed because it typically took a long time for a judge to wade through all the paper work.
It is also now possible for certain cases to be settled out of court in negotiations between the prosecutor and the attorney for the accused.
Two Final Points:
1. Can a friend make a crime report for me?
In most cases only the victim can file a crime report with the Public Ministry, but there are exceptions. One common exception: Let’s say you walk past your neighbor’s house and see the door yawning open and signs of forced entry. You can tell something is wrong and want to report a probable theft, but you are not the victim; your absent neighbor is. First, you must call the police, then the Public Ministry. Then, you can go to the Ministry and file a crime report on behalf of the homeowner. You can also file a report if you are employed at the house, or if you are a house sitter.
2. We put the following question to Licda. Ramírez: If you could give the English speaking community in San Miguel one piece of advice regarding security/legal matters what would it be?
Her answer: “Don’t be so trusting. At the Ministry, I see many cases where employees have exploited the generous impulses of their English-speaking employers. As in any business relationship, the best way to reward an employee for excellent service is to raise his or her salary.”
Help! I’ve Just Been Deported From The USA
Watch out for this scam when traveling to Mexico City or other cities near major airports. It works like this: The mark is approached by a man who appears to be Mexican and speaks excellent English. The man is wearing a US Army hat or another item of US military clothing and he tells the mark that he served in the US military in Iraq or Afghanistan and has just been deported from the US.
The scammer may even show a clipping from a US newspaper about people in his predicament and will ask the mark to write to his senator or congressperson to have the deportations stopped. If the mark shows sympathy for his situation, the scammer will follow up with a request that the mark lend him money so that he can receive a wire transfer from his family to pay for a bus ticket to his home in a distant Mexican state. The scammer will explain that the money has been sent, but he doesn’t have the cash for the pick-up fee. The scammer will explain that the pick-up fee is 10% of the total funds transferred. [Note: This is often the case.]
The mark that reported this scam was put on the alert because the scammer’s presentation seemed too well rehearsed. His words came swift, smooth and unflustered, reminding the mark of a snake oil salesman.
26 Feb 2011: Break-in, San Antonio
Date: Fe. 26 2011
Time: 13:15
Location: Near corner of Refugio and Orizaba
Reported to MP: No
Neighborhood: San Antonio
Crime: Break-in and Robbery
Message: Perpetrator/s gained entrance through open window on second floor but were frightened by alarm and apparently departed quickly the way they came in. One iPod stolen. Police arrived on the scene within minutes and were careful and professional in their dealings with me and their search for the perpetrator/s.
15 Nov, ATM Fraud
Date: Between 1 & 5 November 2010
Time: Various
Location:
Reported to mp: On my TO DO list
Neighborhood: Centro
Crime: No
Message: I live in San Miguel and I use my ATM card at banks and other ATM machines in the city. It appears to me that somebody somehow got hold of my pin number (not my card), perhaps by observing me punch in the numbers. Over a five-day period the equivalent of $4,500 in Canadian dollars was withdrawn from my Canadian back account using ATM machines. On 1 November 2010, there were 12 separate withdrawals. On 2 November 2010, there were three separate withdrawals and, on 4 November 2010, there was one withdrawal. The withdrawals were made through Cirrus and I presume they were made from ATMs in Mexico.
Sanmiguelsecurity Crime Reports 