Caught with cannabis in the islands

[simoh1490]

4 minutes ago, Mum2 said:

Does this mean the advice changes? The interpreter is there and they are waiting to pay - his friend doesn’t think they are budging on giving him his passport back though... 

I don't think the fact that it's Kho Tao changes the picture very much, the police in Thailand regardless of location operates in a very similar manner, or at least they can do. The issue, I think, is that if they are willing to accept payment but there's no guarantee on return of the passport, there is a risk that he will have to pay twice, once to get out of jail and still be faced with a court hearing (and any ensuing penalties) at some point in the future, without being able to leave Thailand. 

[buick]

if they are taking finger prints, that is it.  he's past the payoff stage.  he'll have to work through the court system.  surprising to me as i assumed koh tao police would prefer money over justice.  there is one member of this forum that is well versed on the legal system, i think he/she goes by the handle 'red007' or something similar.  hopefully, he/she will join the discussion.

[ubonjoe]

A post flaming the OP has been removed. A repeat will result in a formal warning.

[simoh1490]

For those that know, no guesses please:

 

Which court jurisdiction would deal with this, where will the case be heard?

 

From previous posts/experiences, how long to get a trial date?

 

Presumably, no restrictions on travelling around Thailand during the interim, thoughts about accommodation might be useful for the interim period?

 

It looks from the scale posted earlier that the penalty is up to 8 days, absolute worst case, that's not a big deal, perhaps keep the worst case in mind.

 

Edited February 24, 2018 by simoh1490

[Mum2]

22 minutes ago, Sandy Freckle said:

Surprise, surprise 

 I read on the foreign office website it should initially go to court within 48 hours but I can see no evidence of this at all. The embassy rep is on his way apparently! 

[cornishcarlos]

22 minutes ago, Mum2 said:

I can get the money to him but they are taking his finger prints and say they won’t budge on the passport and he has to go to court. I have suggested offering more money to get the passport but not sure that is the best option. Like the guy said earlier I think the time has passed for the quick option. Thank you all for your help 

 

If he has to go to court then don't pay anything to police.

Tell them, no passport no money. Go to court and do the time, fine will be a couple thousand baht.

[Mum2]

Thank you people for your advice - it doesn’t look good to be honest. They aren’t taking payment so the pay and get out option is no longer available. He will have to go through the courts. I just feel so helpless (and very cross with him) 

[harrry]

If it is a small amount the fine will be fairly low and there may be a suspended jail sentence.  Immigration sometimes come into the picture and cancel his visa which mean he can be detained in immigration jail till he can leave.  if this is the case he will have to take a direct flight.

Please note this is a worst case scenario.  It is likely he will not be able to come to Thailand again.

 

[simoh1490]

2 minutes ago, Mum2 said:

Thank you people for your advice - it doesn’t look good to be honest. They aren’t taking payment so the pay and get out option is no longer available. He will have to go through the courts. I just feel so helpless (and very cross with him) 

The court appearance and the eight days in jail (worst case) is not a bad way to learn a lesson or two at his age, rights of passage and all that - relax, he'll be just fine.

[harrry]

It will help to ensure he has a little money available to buy food (not really supplied) and to share it with others to get better treatment.

 

[buick]

he's fortunate to have a friend 'on the outside'.  as i said before, make sure she brings food a couple times a day.  find out how many others are in the cell and bring enough for everyone.  it will be hot, sweaty, and smelly but he won't go hungry and the cell mates will be his friend.  my friends brought the 'arrested friend' pizzas, chicken fried rice, etc...  stuff that was okay hot or cold.  and plenty of water.

 

 

[Mum2]

They are still taking the 49000 baht though and telling him he’ll get it back once he goes to court?? Apparently they will give him a receipt slip 

Edited February 24, 2018 by Mum2

[ubonjoe]

5 minutes ago, Mum2 said:

They are still taking the 49000 baht though and telling him he’ll get it back once he goes to court?? 

That is bail money not a bribe. When he goes to court he will be fined for the offense and get the bail money back. 

[harrry]

You have to balance the 48 hours freedom against this.  It may and probably is genuine bail, this is where a decent lawyer is handy but it is hard to find a decent one.  If the receipt is genuine he will get it back.  It is not an unreasonable amount of bail especially for a foreigner.

[buick]

that sounds like bail, but he is not being allowed to leave the jail ? 

[Mum2]

I am just not sure at this point whether they are letting him out or not.  I have told him to pay the money but they are saying it will be a month before court not 48 hours as the embassy website says. I am at a loss now

[simoh1490]

Just now, Mum2 said:

I am just not sure at this point whether they are letting him out or not.  I have told him to pay the money but they are saying it will be a month before court not 48 hours as the embassy website says. I am at a loss now

Try and relax a little, you've said the Embassy staff is on their way, why not wait and see what they have to say.

[Mum2]

I am not good at relaxing - but thank you I will try and be a bit calmer! 

[Panaeolus]

I would pay nothing to the police if its going to court. These guys receipts are worth nothing. The local cell is dirty but he is safe. Court will be on mainland i believe and there is new express lane for tourist cases like this one

[Mum2]

3 minutes ago, Panaeolus said:

I would pay nothing to the police if its going to court. These guys receipts are worth nothing. The local cell is dirty but he is safe. Court will be on mainland i believe and there is new express lane for tourist cases like this one

Hi - do you know this for certain? Others are telling me that this is now genuine bail and I don’t know what to believe 

[dfdgfdfdgs]

All previous reports on this sort of situation when people have paid money up front state that it has made no difference and they have lost the money.  But, maybe they will let him go once money has been paid, who knows.  If it goes to court the police are going to get nothing.  I would offer them 10,000 now and another 10 when he's been released from the police station.  49,000 would be too much for me to consider paying, I'd just wait for the court hearing, but other people have different outlooks on life/are richer than I am.

 

If it goes to court the fine will likely be significantly lower but I don't know how fast that process it - maybe it could take a long time.  I wouldn't listen to any advice the police give about bail or how long it would take or about anything else because they will lie or exaggerate to suit their agenda.  Embassy advice should be listened to as they have experience dealing in such matters and have no reason to lie.

 

By the way, are we all assuming he won't go to jail for this?  I know it's cannabis not meth but even so, drugs in Thailand are dealt with pretty harshly.  If jail is a possibility, particularly if any sentence is likely to be months rather than days, I'd be more inclined to pay the 49,000 and hope for the best.

[ubonjoe]

8 minutes ago, Mum2 said:

Hi - do you know this for certain? Others are telling me that this is now genuine bail and I don’t know what to believe 

It will be more than a receipt. There will be more paperwork that will be done and he will sign some of them that have the conditions of his bail.

[Mattd]

I am no expert on the workings of the Thai legal system, however, I have always been of the impression that bail can only be set by a judge in court, they would decide the amount etc.

So if this is the case, then this 49,000 THB needs checking as the police could be up to something strange by telling the amount now, the courts are closed until Monday, so that would be the earliest that bail could be posted.

[Mum2]

He has paid the 490000 and is waiting to be processed - I have told him he must know his bail conditions (and stick to them) 

[Mum2]

Just now, Mattd said:

I am no expert on the workings of the Thai legal system, however, I have always been of the impression that bail can only be set by a judge in court, they would decide the amount etc.

So if this is the case, then this 49,000 THB needs checking as the police could be up to something strange by telling the amount now, the courts are closed until Monday, so that would be the earliest that bail could be posted.

Thank you - I have checked on the foreign office guidance and they say in ‘small’ cases bail can be set at a police station

[harrry]

It would be very rare for a trial to be heard in 48 hrs, 

Tell him to be well dressed, clean with a good haircut and wear trousers and a shirt with a collar when he goes to court.  It is important here.

[Mattd]

1 minute ago, Mum2 said:

Thank you - I have checked on the foreign office guidance and they say in ‘small’ cases bail can be set at a police station

OK, good to know, hopefully this will all work out for your son and ultimately it will be a hard lesson learnt.

[dfdgfdfdgs]

As an aside Koh Tao seems pretty hot on drugs.  I was on the island way out near Mango Bay, the road is basically deserted, miles from Sairee beach and I was offered 'weed' by a random Thai guy.  The only other time I've been openly offered drugs in Thailand was at Railay in Krabi at a bar.  The people selling it really seem to have no worries that they might be caught, and you can probably assume from that they have some sort of protection and/or are in on it with the police.

 

Drugs checks on Tao are common as well, coming out of Sairee, also some of the quieter roads, I was with a Thai both times and they had no interest in searching the Thai; only searching me, the foreigner.  Always no interest in helmets or licenses, just drugs.

[buick]

4 minutes ago, Mum2 said:

Thank you -

mum2, i don't know if you have had time to read the thread that was posted here earlier 'brit kid caught with ganja on koh tao'.  if you haven't, take a look at post #1 and then #81.  it appears that 60,000thb bail was paid (set by police) and the 'detainee' was released but had not been to court yet.  20 days had passed btwn #1 and #81.

[holy cow cm]

The more you publicize it the more it will just go through the lengthy court system. It is all up to the prosecutor. Let the weekend pass and see what's up on Monday. You have already informed the embassy, but is that good or bad who knows. The best is to be able to pay a fine given at the police station and then be on his merry way. Don't make waves.