If you’re currently facing an arrest in Thailand, there are steps you need to take to avoid landing in more serious trouble. As the Thai criminal justice system is difficult to navigate for foreigners and operates differently from other countries, acquiring professional legal assistance is essential to increasing your chances of a more favorable outcome.
Continue reading to learn how to defend yourself against criminal charges, what to do in these situations, and what issues you may encounter.
What Should You Do if You’re Arrested in Thailand?
Being arrested or accused of committing a crime in Thailand can lead to serious penalties which may negatively impact your immigration status. Depending on the nature of the crime you committed, most types of Thai criminal punishment are severe and warrant professional support to resolve them. Punishments can include imprisonment, fines, deportation, and blacklisting, or even the death penalty in extreme cases.
To minimize your chances of severe penalties, take these steps after being arrested in Thailand:
Step 1: Remain calm in front of the Thai authorities. Don’t try to bribe or get into an argument with them as it’ll only escalate the situation further.
Step 2: Consult a qualified and reputable Thai Criminal Defense Lawyer immediately who can represent you in court. As in other countries, you have the right to a lawyer and do not need to answer questions until they are present. While the Thai court can appoint a public defender on your behalf, these lawyers can be inexperienced and may be unable to communicate with you in your language, making it harder to get the result you want.
Step 3: Once you have a lawyer, you must share as much information about your case as possible. This will help your lawyer understand your situation, find more evidence that might help exonerate you and provide better assistance.
Step 4: Avoid signing anything until your lawyers have reviewed it. These documents are generally in Thai and lawyers will be able to identify any of the contents that may be used against you.
Step 5: Other than consulting a legal representative, you should also notify your embassy or consulate representing your home country of your arrest. They will inform your family of your current circumstances and may even provide some legal support.
What to Expect if You Are Accused of a Crime in Thailand
Regardless of whether you are guilty, being arrested in Thailand is a difficult ordeal for a foreigner. Here are some of the challenges you should prepare for:
- Language barriers: English is not a primary language in Thailand and courts operate solely in Thai. If you cannot speak or understand Thai, then it can be tougher to defend yourself without a bilingual lawyer to assist. You might also end up saying something inappropriate to the authorities or misunderstand court proceedings, leading to harder punishments.
- Detainment: Upon being arrested, you can be detained for up to 48 hours at the nearest police station without charge. The amount of time you spend there can increase from 7 days up to a total of 48 days, depending on the severity of the crime. Your lawyer can help negotiate your release, but there are no guarantees.
- Strict bail conditions: Obtaining bail in Thailand is harder when compared to other countries and may involve losing your passport or experiencing certain travel restrictions. Trying to secure bail without a lawyer significantly reduces the likelihood of it being approved, as you must make a petition to the judge, who has sole discretion to allow bail.
- Lengthy trials: If your case is being taken to court, these trials often last several months or even years and will require you to remain in Thailand for the entire duration.
- Lack of a jury system: Unlike many countries, there is no jury system in Thailand and the outcome of your sentencing depends on the judge overseeing your trial.
Because of these challenges, tackling the entire process alone, while technically legal, is risky and will put you at a disadvantage. To be able to defend yourself effectively in court and to prevent yourself from imprisonment or stricter punishments, it is important to hire a bilingual lawyer experienced in representing foreigners.
Why Should You Hire a Criminal Defense Lawyer?
For the best possible chance at getting yourself out of legal trouble, you must consult a professional and bilingual Criminal Defense Lawyer. Having one by your side will help you overcome the challenges associated with being arrested in Thailand as a foreigner.
- Your Criminal Defense Lawyer will ensure you fully understand your rights and will also connect with the relevant authorities to ensure they are respecting your rights and treating you fairly.
- Lawyers will provide strong representation for you in Thai courts, arguing your case to the judge on your behalf and pushing for the most favorable outcome. A strong defense can result in fewer consequences and a reduced sentencing period, or a total exoneration.
- Your lawyer will assess your eligibility for bail and make a more convincing petition to the judge.
- The importance of a bilingual lawyer comes in concerning language barriers. They can reach out to the Thai authorities on your behalf and evaluate any documents you’re requested to sign to ensure that none of the contents may put you at a significant disadvantage.
- If the decision given by the court was unfair, or you’re displeased with the results, your lawyer will work with you to help you formulate a strong appeal.
Consult Siam Legal for Professional Assistance
If you’ve gotten arrested in Thailand, reach out to Siam Legal’s bilingual Criminal Defense Lawyers for assistance. As a full-service law firm with over 20 years of experience representing foreign defendants in Thailand, our lawyers have the skills and experience to minimize the possibility of harsher punishments.
We’ll manage your case on your behalf, gather evidence and build your defense, and effectively present your case to the presiding judge so you can achieve the best possible outcome.
Contact Siam Legal today to ensure that your rights are protected and you have the best chance of securing your freedom.
