Youve Been Arrested, Now What?

[bangkoksingapore]

Suppose that you are arrested by the Thai Police for something that you feel would normally be treated lightly. Maybe you got into a shoving match with someone else and a cop happened to be coming out of 711. Maybe your Thai girl friend took you too a party and the Cops decide to raid a dice game while you are there. Perhaps you went to an after hours bar that got raided. Someone half your size tried to pick your pocket and you caught him with a mean left hook. For whatever reason, the Thai police believe that you did something wrong and you are taken down to the police station.

What is your course of action? Do you call a lawyer. Do you call any of your Wife's powerful friends? Do you call your embassy? Do you allow the police to question you alone? Do you ask for an interpreter if their english is only So-So? Do you willingly sign a piece of paper that is not written in English? Do you offer money or wait for them to ask? Do you have the right to make a phone call? What rights do you have in Thailand? If you ask to call your embassy and they refuse, what should you do?

The examples I gave at the start of this post usually will not have you in very much trouble, but lets pretend that you did something more drastic. You felt the need to use self defense and hit someone with a bat. You accidently hit someone with your car. Someone brought drugs into your car without you knowing and it got searched. In these more serious circumstances, do your answers to the above questions change?

[simon43]

Skippybangkok, not so hasty!! It's an interesting scenario. Suppose that you have been arrested, but you believe your are innocent of the charge. What would you do?

I always carry the 24/7 phone number of a BKK lawyer who specialises in such scenarios.

I know it's extremely unlikely to happen, but BKK is not London and it's a totally different ball game here!

So what would you do?

Simon

[JimmyTheMook]

Skippybangkok, not so hasty!! It's an interesting scenario. Suppose that you have been arrested, but you believe your are innocent of the charge. What would you do?

I always carry the 24/7 phone number of a BKK lawyer who specialises in such scenarios.

I know it's extremely unlikely to happen, but BKK is not London and it's a totally different ball game here!

So what would you do?

Simon

It is a good question and hopefully some will have some good replies instead of suggesting to close the thread.

[Tywais]

It is a good question and hopefully some will have some good replies instead of suggesting to close the thread.

I agree it has potential but will be watching just in case. I suspect some members would like to know what options (valid/legal) are available under the above scenario. Perhaps some members have specific experiences and their solutions.

[t.s]

the first issues are nothing. I would go to the police station and be as polite as possble and see what plays out.

i would be on the phone to a lawyer immediately in all the latter cases.

[Mai Krap]

Suppose that you are arrested by the Thai Police for something that you feel would normally be treated lightly. Maybe you got into a shoving match with someone else and a cop happened to be coming out of 711. Maybe your Thai girl friend took you too a party and the Cops decide to raid a dice game while you are there. Perhaps you went to an after hours bar that got raided. Someone half your size tried to pick your pocket and you caught him with a mean left hook. For whatever reason, the Thai police believe that you did something wrong and you are taken down to the police station.

What is your course of action? Do you call a lawyer. Do you call any of your Wife's powerful friends? Do you call your embassy? Do you allow the police to question you alone? Do you ask for an interpreter if their english is only So-So? Do you willingly sign a piece of paper that is not written in English? Do you offer money or wait for them to ask? Do you have the right to make a phone call? What rights do you have in Thailand? If you ask to call your embassy and they refuse, what should you do?

The examples I gave at the start of this post usually will not have you in very much trouble, but lets pretend that you did something more drastic. You felt the need to use self defense and hit someone with a bat. You accidently hit someone with your car. Someone brought drugs into your car without you knowing and it got searched. In these more serious circumstances, do your answers to the above questions change?

I can answer with one word, SMILE!

[ColPyat]

Suppose that you are arrested by the Thai Police for something that you feel would normally be treated lightly. Maybe you got into a shoving match with someone else and a cop happened to be coming out of 711. Maybe your Thai girl friend took you too a party and the Cops decide to raid a dice game while you are there. Perhaps you went to an after hours bar that got raided. Someone half your size tried to pick your pocket and you caught him with a mean left hook. For whatever reason, the Thai police believe that you did something wrong and you are taken down to the police station.

What is your course of action? Do you call a lawyer. Do you call any of your Wife's powerful friends? Do you call your embassy? Do you allow the police to question you alone? Do you ask for an interpreter if their english is only So-So? Do you willingly sign a piece of paper that is not written in English? Do you offer money or wait for them to ask? Do you have the right to make a phone call? What rights do you have in Thailand? If you ask to call your embassy and they refuse, what should you do?

The examples I gave at the start of this post usually will not have you in very much trouble, but lets pretend that you did something more drastic. You felt the need to use self defense and hit someone with a bat. You accidently hit someone with your car. Someone brought drugs into your car without you knowing and it got searched. In these more serious circumstances, do your answers to the above questions change?

That depends on many factors - your language ability, your position in society, your connections, and of course your guilt or innocence.

If one is not well connected, then the first thing to do is to pay up at the earliest possible opportunity, if possible. The higher it goes, the more expensive it becomes.

If one is guilty, and there is no easy way out offered, one thing always has to be remembered:

From the moment of arrest one's behavior is recorded, and good behavior, such as cooperation with authorities, politeness etc. will make a positive impact at court and sentencing, often can make a difference of months, even years of prison time.

[ColPyat]

And i forgot - NEVER sign anything that you can't read, or that hasn't been fully explained to you by someone you can trust.

[wasabi]

What is the right way to go about bribing?

[ColPyat]

What is the right way to go about bribing?

Generally - they will let you know. If not, a very careful question of there maybe being some way to sort that out, and then going from there.

Don't offer directly in a blunt way - that might backfire badly.

[Jersey_UK]

Perhaps some members have specific experiences

IMO it is always a good idea to think about stuff like this BEFORE it happens.

Obviously circumstances vary wildly according to the exact "crime" involved (or not, as the case may be!). Personally the potential from a Car / Motorbike accident would worry me more than many other "wrong place, wrong time offences" but others no doubt view things differently. For me good Car insurance and having a pre-programmed number to call on my mobile would be important - the key being to admit nothing unless your lawyer gives the ok or you are happy with any negotiated compo.

Traffic accidents aside, my advice is not to get overly hung up on being "not guilty". Which for some folk can be a major hurdle to overcome mentally.

In any event if you are "in the wrong place at the wrong time" you may well be guilty (of something or other) under Thai law........even if only of "Being a Farang $$$ in a built up area", let alone without anyone "helping matters along". Don't forget that Plod in any country are always likely to be legally capable of charging someone, even if later the charges are dropped / you are found not guilty.

I would suggest that once you realise that you are in a spot of "do do" that is not going to dissapear by not understanding or simply being Mr Farang or being polite but firm (or whatever yer usual MO is!) , then at the first opportunity you offer to pay a "fine" BEFORE you get anywhere near a Police Station. The longer and further a case develops the more expensive it is to extricate oneself from, whether it be lawyers costs or fines of whatever stripe. If a couple of hours later you are on TV moaning about Thai Plod not playing with a straight bat and that you are minus some Baht, then call it a result. It could usually be worse.

Having said that, if you do end up at Thai police station and playing the idiot Farang tourist or a serious "normal" person does not seem to be working with being simply told to <deleted> off, whether or not in exchange for a "fine", then for fecks sake do not sign anything you do not understand, especially where the potential penalty is serious (remember to forget you are innocent at this stage). But nothing wrong with tryiing to be helpful, even if it is just to say you have no idea what is going on and unfortuantely you never saw anything that didn't happen.........Your lawyer will tell you when it is time to grass someone (he who grasses first laughs longest!).

1st priority would be to get your Thai partner down or a trusted Thai speaking freind to translate and to help find out what the options are, including "fines" and Bail in a culturally sensitive manner . The higher status the person the better, especially if claiming to be a respectable person.

Apart from finding out what is going on I would 100% not rely on (trust!) any "Official" translator or any assurances from plod about what you are signing - even if Plod does speak some english. I do know that at least some of the major police stations in Bangkok (and maybe elsewhere?) do now have access to a computerised translation dictionary (on Thai Plod Intranet?) which is useful in working out what is going on.

From my experiances the Thai Plod are remarkably civilised (for Plod) when a Farang is involved, being polite does not cost. I doubt many other Police forces would allow prisoners in custody to sit outside a police station unguarded with a visitor whilst having a few smokes.......Just treat folk and the situation with the respect and seriousness that it deserves.

The good news is that as a Farang you have a very good chance of posting Bail (Either cash or having a respectable Thai stand guarantee for you and assuming the charges are not involving chopping anyone up with an axe or having 20,000 Yabaa pills in your car), and then in your own time you have the opportunity to find a lawyer if needed to sort the problem out directly with any other parties / to prepare to have your day in court / or just to skip the country.

If you are not getting Bail then IMO it is more than time to get a lawyer and the Embassy involved. (Embassy wise I understand that the Americans tend to look after their Citizens better than the Brits - but neither of them are a magic solution. Both Embassies will have a list of lawyers, if you cannot find one yourself. In any event I would not be screaming that I am a citizen of XYZ and therefore I should automatically be let go - mainly out of embarassment ). Of course timing may be a problem if stuff happens out of office hours, but in any event a night or 2 in a Thai Police Station whilst getting things sorted is not the end of the world. Alledgedly ...........Prison however is a slightly different matter and to be avoided if possible - but the main advantage you will have as a Farang in Prison is the presumption you have access to money and outside help which will give you some status. Plus it is not so easy for the prison guards to beat you to death - which is always a bonus . But I am digressing here.........

Failing all that, if the Police Station has internet access then post for advice on TV

E & OE

Edited July 31, 2007 by Jersey_UK

[joeuk1]

I dont know why people want to close this threads for what ?

Great advice from the above poster to carry a lawyers number in mobile telephone i will now do same you never know when you might need it .

JB

[JetsetBkk]

Great advice from the above poster to carry a lawyers number in mobile telephone i will now do same you never know when you might need it .

JB

But where to get a good lawyers phone number? Any recommendations?

[Neeranam]

I'd recommend Wirot Poonsuwan. Alternatively one of the lawyers where I(and he) used to work - Clifford Chance. It really depends how much money you wish to spend. There, it would be about 7,000 an hour. Depending on the charge, it may be better and cheaper to pay the police off.

Good thread.

It is always good to contact any Thai people you know have some "influence".

[LinkPopularity]

1 more option ... tourist police

if it's a minor wrong place/wrong time thing ... be calm, don't speak unless spoken to, be humble, sign the Thai statement with a fake signature, pay the fee ... out in no time !

Edited August 1, 2007 by LinkPopularity

[kmart]

Close the thread...? Why?

From my own experiences (traffic infringements; and the more serious charge of knocking some kids off their motorbike); when a trip to the police station is inevitable, it is usually necessary to call friends or colleagues that are trusted, and preferably Thai to help out. Unless your spoken and written Thai is perfect, do not try to sort everything out by yourself, or you could end up digging yourself deeper into the mire.

Do not lose your temper.

Keep your voice and body language calm.

Smile.

If possible, offer to sort things out (financially) as early as possible.

Do not sign anything you cannot read.

If a traffic offence / violation, get your insurance company there as quick as possible.

[richard10365]

I think it's a good question that is in the right forum. Someone wants to know their defensive legal options as a foreigner in Thailand. It is a question worthy of discussion. It's as valid as what type of medical care is available if I get sick or have an accident while in Thailand.

If you close this thread, you might as well close the entire website down for the same reasons.

[Wolfie]

Its a good thread, one worth continuing (unlike some of the dross some people post) - it will be left open and monitored for now.

Perhaps those who call for its closure might want to consider what useful input they could be giving this and/or other threads?

Just a thought, now carry on

[taxexile]

agreed.

sign the Thai statement with a fake signature,

but not with this , that will just antagonise the police.

Edited August 1, 2007 by taxexile

[bdenner]

It is handy to know a senior police officer on a personal level (no tea money) and he would be one of the first I would contact not knowing a lawyer.

The first 3 entries on my phone are:

AA xxx (TW)

AA Police

AA Car Insurance Company

I know where they are on the phone even if I have lost or don't have my glasses.

[Wolfie]

I have removed some deadwood from this thread - If you object to this thread please use the 'Report' function instead of posting 'Close this thread' 50 times in an attempt to derail the thread. Thanks!

[Furbie]

My advice –

Speed dial 8 is my Embassy.

Speed dial 9 is the most influential Thai person I know well (enough that I can wake up at 2 in the morning and would answer the mobile when my name flashed).

Speed dial 7 will now be a law firm, having looked at the advice of others.

[dttk0009]

My advice –

Speed dial 8 is my Embassy.

Speed dial 9 is the most influential Thai person I know well (enough that I can wake up at 2 in the morning and would answer the mobile when my name flashed).

Speed dial 7 will now be a law firm, having looked at the advice of others.

Erm. This is advice?

[toasted]

Never try to bribe a policeman. They will make it perfectly clear when it's wanted, and if you try it with a straight policeman, you will be in even more trouble. This happened to a friend of mine after a policeman fined him for dropping his cigarette butt. My friend tried to offer him a smalll bribe, and found himself in very hot water at the local police station as a result. The upshot was that he had to pay a bribe of 70,000 Baht to get off the bribery charge!

[dttk0009]

Never try to bribe a policeman. They will make it perfectly clear when it's wanted, and if you try it with a straight policeman, you will be in even more trouble. This happened to a friend of mine after a policeman fined him for dropping his cigarette butt. My friend tried to offer him a smalll bribe, and found himself in very hot water at the local police station as a result. The upshot was that he had to pay a bribe of 70,000 Baht to get off the bribery charge!

Yep. Dropping a cigarette butt just as I was getting into a taxi at Siam Square was the ONLY time a policeman ever charged me in this country. I think they wanted 500 baht, and assured me that this wasn't just a tourist trap, as they showed me a book full of Thai names (where I had to write my name) who were apparently alleged perpetrators of the same crime.

[pattyboy]

What is the right way to go about bribing?

As somebody else said, the cops will usually let you know.

A friend of mine was caught with a joint in Bangkok. The cops that found the illegal cigarette said that they wanted to "help" the guy -- keep him from having to go to the police station. It was obvious they were fishing for a bribe. They hustled him into a taxi cab, and the driver, who was obviously working with the police, just drove around while my buddy and the cop negotiated a price. The cop wanted 6000 baht, but my buddy has been here for many years and tried to get the price down. He wasn't successful in getting the bribe reduced, and finally handed over the money when the cop reminded him that if they do go to the station it would cost him substantially more, as he would have to pay off a lot more officers at the station. As I said, this guy has a lot of experience with Thai culture and knew that what the cop was saying was true. Something that both amused and irritated my friend was that the cop insisted my buddy shake his hand hand before he would finally release him. My friend says that the cop really insisted he shake his hand -- wouldn't let the guy go until he did it. Neither of us completely understand that but feel that it must have something to do with saving face or some superficial gesture that would make the cop feel better.

[t.s]

Good thread.

It is always good to contact any Thai people you know have some "influence".

yes, if you are looking at serious jail time, but circumstnaces would have to be very dire to call in a favour and the face lost would be immense in the case of criminal charges, less so in the event of an accident.

Edited August 1, 2007 by t.s

[mellow1]

What if you are NOT GUILTY,don't have high class influential friends,the local cops aren't your drinking buddies or hang around your house with you.You don't live in Bangkok or another large city with a 7000Bath lawyer on speed dial.What if your retired on 40,000Baht a month,its the 25th and the next check won't be deposited until the 1st of the month.You live in the sticks,30kilometre from the nearest sizable town. What do you do then?

[Andrew Hicks]

I'd recommend Wirot Poonsuwan. Alternatively one of the lawyers where I(and he) used to work - Clifford Chance. It really depends how much money you wish to spend. There, it would be about 7,000 an hour. Depending on the charge, it may be better and cheaper to pay the police off.

Good thread.

It is always good to contact any Thai people you know have some "influence".

A nice ad for Clifford Chance!

Must be one of those back street, knock about criminal practices I guess and not branch of that leading London corporate firm.

Cheap at the price though!

Andrew Hicks

[t.s]

What if you are NOT GUILTY,don't have high class influential friends,the local cops aren't your drinking buddies or hang around your house with you.You don't live in Bangkok or another large city with a 7000Bath lawyer on speed dial.What if your retired on 40,000Baht a month,its the 25th and the next check won't be deposited until the 1st of the month.You live in the sticks,30kilometre from the nearest sizable town. What do you do then?

god forbid. be careful when you leave the house.

if you are retired and living in the sticks, you should be taking some time to get to know the powers that be. it only makes sense. you are a relative rarity, it should not be difficult to get on at least nodding terms with the local constabulary.

Edited August 1, 2007 by t.s