What will happen if you get suspended sentence, will you be deported?

[CorpusChristie]

48 minutes ago, BritTim said:

There is no such general guideline. It depends on your arresting police officer whether a recommendation for deportation issued (a recommendation which is followed about 99.9% of the time). That means that an important rule is to do nothing to upset the senior officer responsible for your arrest (assuming you do not buy yourself out of trouble at the outset).

There is : Minor charges are not a reason for deportation , minor charges are regarded as anything that doesnt have a six month prison sentence . 

  Anything less than a served six month jail term is regarded as a minor offence and not liable for deportation .

  Suspended sentences do not count as served jail time  

[BritTim]

6 hours ago, CorpusChristie said:

There is : Minor charges are not a reason for deportation , minor charges are regarded as anything that doesnt have a six month prison sentence . 

  Anything less than a served six month jail term is regarded as a minor offence and not liable for deportation .

  Suspended sentences do not count as served jail time  

Here is an example of a recent deportation for a minor offence: https://www.thaiexaminer.com/thai-news-foreigners/2020/09/05/. It really depends on whether you have upset the authorities. There are no concrete rules.

[BritManToo]

6 minutes ago, BritTim said:

Here is an example of a recent deportation for a minor offence: https://www.thaiexaminer.com/thai-news-foreigners/2020/09/05/. It really depends on whether you have upset the authorities. There are no concrete rules.

There was a woman deported for having a vape pen as well, 800bht fine and deported.

https://www.thephuketnews.com/frenchwoman-deported-for-vaping-70535.php

Edited October 17, 2020 by BritManToo

[madmen]

OP ignore all the contradicting advice here and go see a lawyer who has handled hundreds  of criminal cases and follow his advice 

[jacko45k]

7 hours ago, CorpusChristie said:

Minor charges are not a reason for deportation , minor charges are regarded as anything that doesnt have a six month prison sentence . 

  Anything less than a served six month jail term is regarded as a minor offence and not liable for deportation .

And yet those charged and found guilty of DUI are often escorted to immigration with the fear of cancellation of Stay Permission and deportation hanging over them. I think it likely such extortion is applied frequently.

[Mamadoodles]

On 10/16/2020 at 7:01 AM, BritManToo said:

Married to a local = not deported.

Single = deported.

 

That seems to be the way things generally go, even for trivial offences.

I've seen people get deported anyway even though they are married to a Thai. There is a woman who married to a Thai and has kids she still got deported anyway but it might be because it's a serious case, drug procession.

[Mamadoodles]

On 10/16/2020 at 7:22 AM, Brad88 said:

I neither live in Thailand nor understand the Thai judiciary system. However, if I were in your boyfriend's situation, in addition to weighing the helpful advice of others here on the Forum, I would also consult with a competent lawyer in Thailand to be certain about my options. Wishing you luck moving forward.

We've already consult a lawyer about this case but I'd like to get other people advice too in case someone has been in a similar situation and thank you, hope everything goes well

[Mamadoodles]

20 hours ago, Max69xl said:

"He didn't mean to steal it and has prove that it was misunderstanding."

How did he prove it was a misunderstanding and to whom? Who did he steal from? From a shop or a person? Why didn't he try to make a deal with the person who accused him of stealing before it went to court? 

I can't really talk much about the case here

[Mamadoodles]

14 hours ago, BritManToo said:

If found guilty, the court will tip off immigration before the court date, and immigration police will grab you as you leave court and take you to the IDC for deportation.

This is the way it's worked in the past.

 

You seem to have shifted from being the Thai gf to the guilty foreigner in 14 posts.

I've read about a case like that and that makes me scare it seems like it's really up to the immigration what they are going to do

[robblok]

41 minutes ago, jacko45k said:

And yet those charged and found guilty of DUI are often escorted to immigration with the fear of cancellation of Stay Permission and deportation hanging over them. I think it likely such extortion is applied frequently.

They cant punish people with a DUI enough, maybe should be an automatic deportation. Its one the most selfish things to do putting ones pleasure above the safety of others.

[Mamadoodles]

9 hours ago, BritTim said:

There is no such general guideline. It depends on your arresting police officer whether a recommendation for deportation issued (a recommendation which is followed about 99.9% of the time). That means that an important rule is to do nothing to upset the senior officer responsible for your arrest (assuming you do not buy yourself out of trouble at the outset).

I think so, there is guideline that's why I'm here to see the possible outcome

[patman30]

1 hour ago, BritManToo said:

There was a woman deported for having a vape pen as well, 800bht fine and deported.

https://www.thephuketnews.com/frenchwoman-deported-for-vaping-70535.php

she just ticked off phuket BiB
clear when you read the article
if you do something illegal here and are caught or even shaken down
its often more convenient and cheaper to pay the demanded "fine" instead of going to court
(regardless of where the said fine ends up going)

[sanuk711]

This may have changed in the time printed----just thought I would put it in for those who say ...Defiantly no you can not be deported---deported isn't usually the biggest worry, because unless its an over stay where there is a set time --you can reenter quickly. Blacklisted is Thailand--set Lao.

 

"There was an interesting case just a few years back when a young Brit in a moment of mindlessness stole a towel from his hotel room and was caught upon checking out.  The hotel discovered it, called the police and pressed charges.  The Brit was charged with theft, found guilty, deported AND blacklisted.  It was a foolish thing to do but it was in all likelihood a moment of foolishness and one has to wonder whether he deserved to be blacklisted?.."..

 

They do not like to print the link to Stick's pages easy to find...

[darrendsd]

19 hours ago, CorpusChristie said:

You have to serve at least six months in jail before they then consider whether to deport you or not , no further action in regards to visas would be taken for a suspended sentence

It seems you are wrong

 

A paragraph taken from a article posted above

 

The move is being made under the Immigration Act which allows that any person charged with an offence can be immediately deported from the kingdom if the bureau deems them to be harmful to the public good.

 

 

[007 RED]

9 hours ago, CorpusChristie said:

There is : Minor charges are not a reason for deportation , minor charges are regarded as anything that doesnt have a six month prison sentence . 

  Anything less than a served six month jail term is regarded as a minor offence and not liable for deportation .

  Suspended sentences do not count as served jail time  

I’m not disputing that you saw this information posted on the wall in the CM immigration office, but the statement is not correct. 

 

There have been many cases posted here on TV were individuals have not severed any jail time and have been deported.  Here’s just a few past examples:

 

People who have been caught on long term overstay, in some cases for many years, have rapidly found themselves in IDC and deported.  No jail time.

 

A person was arrested by immigration for busking in the market in Ranong.  Just fined 10K BHT and deported.  No jail time.

 

Young man caught with small quantity of cannabis on Koh Tao spent 3 months on bail waiting for his Court case.  Fined 6K BHT and deported.  No jail time.

 

I tend to agree with @BriTim in so far it is very much up to the immigration officer and which side of the bed he/she got out of that morning.

[19DL86]

I would say very unlikely, based on my two experiences here and two convictions. One fairly recently 3 years ago for a more serious act, an assault. 

I received a paltry fine well worth the crime 555 and a 3 month suspended sentence. No issues at all.

But you have to know how to play this out and what pitfalls to avoid. PM me and I ll give you some advice. _{Good luck and don't stress !}

Edited October 17, 2020 by metisdead
Oversize font reset to normal, please use the default forum font size when posting which is size 14.

[scoupeo]

3 hours ago, robblok said:

They cant punish people with a DUI enough, maybe should be an automatic deportation. Its one the most selfish things to do putting ones pleasure above the safety of others.

 

Totally agree ! And I am a drunk dope user ! but never outdoor and never drive after...

 

[scoupeo]

2 hours ago, 007 RED said:

I’m not disputing that you saw this information posted on the wall in the CM immigration office, but the statement is not correct. 

 

There have been many cases posted here on TV were individuals have not severed any jail time and have been deported.  Here’s just a few past examples:

 

People who have been caught on long term overstay, in some cases for many years, have rapidly found themselves in IDC and deported.  No jail time.

 

A person was arrested by immigration for busking in the market in Ranong.  Just fined 10K BHT and deported.  No jail time.

 

Young man caught with small quantity of cannabis on Koh Tao spent 3 months on bail waiting for his Court case.  Fined 6K BHT and deported.  No jail time.

 

I tend to agree with @BriTim in so far it is very much up to the immigration officer and which side of the bed he/she got out of that morning.

 

it also very much depends on how you handle the trouble and how much you can pay...

 

 

[19DL86]

Now having read all the details in this post, sadly your friend has made all those mistakes that I wanted to warn him of.

 

Some posters have responded with totally accurate and albeit frightening, true representations of how the appalling legal system works here.

 

Our friends in uniform would have taken a nice drink on this, that is a Cert. As it's far too insignificant a case to warrant three years of court appearance.  It is also true that the investigating Officer makes the final judgement call, before presenting it to the AGO for prosecution, just like the CPS in England  Once it's gone that far the Attorney General is very very reticent towards overturning the need for a prosecution. It's a case of Thai "face" as told to me first hand by a secretary in AGO.

 

Always always at the earliest possible stage seek a settlement, at the first juncture preferable before going down the Station.  Don't ever be too proud, or too shy, this is how business is.  Even on a murder case.

 

If this fails weigh up your options, before seeking legal counsel, as more often than not the cure is worse than the illness.  As the lawyers fees here are astronomical. In my case the Farang whom I d allegedly "assaulted" had evidently weighed on our friends in Brown.  He sought a massive pay day, with trumped up injuries and traumas.  I had 2 witnesses one independent, who was soon removed after never being contacted for a formal statement by the police.  I contact 3-4 lawyers they all wanted nearly as much as the guy trying it on with extortion.  This was supported by having the cops on a commission based rate.  The compensation sought was 300,000Bt.by the way.

 

End of the day, it took 3-4 court appearances, I pleaded not guilty until the 3rd appearance, when you get to see all the depositions and the Evidence bungle from the AGO, then I was able to see how flimsy the Prosecutions case was, by then I had already written out a letter in Thai to give directly to the Judge.  Whom was a very fair decent bloke don't fear these people they know how corrupt it is in Pattaya. I had used the Courts appointed lawyer which is free, from day one. Many Farangs don't believe this.  I had pleaded poverty early on in the game, hence using him supported this narrative. 

 

The claim was greatly diminished by the fact that the "victim" had damaged my property which he rented and not paid the rent for a month, a point the police had omitted from the file, the serious assault was dropped from what in the UK would be GBH Section 21 - to a much lesser assault, on a plea bargain by myself to accept guilt to this lesser charge.

 

The sum the "victim" sought as compensation was laughed at by the Judge, and he awarded 20,000Bt informing the guy that by accepting this he precluded any further Civil claims against me.  Which was a huge relief.  I had to pay 5,000Bt fine and was sent away with a suspended 3 month sentence.

 

No other fees or expenses non at all, although I did take the Court appointed lawyer and translator out on the psss to celebrate.

 

True story!! 

Edited October 17, 2020 by metisdead
Oversize font reset to normal, please use the default forum font size when posting which is size 14.

[robblok]

30 minutes ago, scoupeo said:

 

Totally agree ! And I am a drunk dope user ! but never outdoor and never drive after...

 

I dont care what people use alcohol drugs as long as they dont drive (or bother / harm others).. have fun with it. 

[mvdf]

Anything can happen, regardless of past or recent precedents. Just be prepared and tell your bf to take fate like a man. Not the end of the world if removed from Thailand.

Edited October 18, 2020 by mvdf

[fangless]

5 hours ago, mvdf said:

Anything can happen, regardless of past or recent precedents

A brilliant summation of life in Thailand regarding rules and regs.

[CorpusChristie]

On 10/17/2020 at 10:36 AM, 007 RED said:

I’m not disputing that you saw this information posted on the wall in the CM immigration office, but the statement is not correct. 

 

There have been many cases posted here on TV were individuals have not severed any jail time and have been deported.  Here’s just a few past examples:

 

People who have been caught on long term overstay, in some cases for many years, have rapidly found themselves in IDC and deported.  No jail time.

 

A person was arrested by immigration for busking in the market in Ranong.  Just fined 10K BHT and deported.  No jail time.

 

Young man caught with small quantity of cannabis on Koh Tao spent 3 months on bail waiting for his Court case.  Fined 6K BHT and deported.  No jail time.

 

I tend to agree with @BriTim in so far it is very much up to the immigration officer and which side of the bed he/she got out of that morning.

Yes, they have been deported for  other offences , BTW , I do appreciate you acknowledging what I saw , rather than just laughing at my post or calling me a liar , which seems to be prevalent on this forum 

[JoseThailand]

On 10/16/2020 at 6:33 PM, CorpusChristie said:

the prosecution can ask the Judge to also deport the person , but ONLY after serving at least six months in jail 

It's better to serve years in jail, but stay in Thailand, than to be deported to their own home country.

[Maestro]

Removed a troll post.

[ubonjoe]

After removing several baiting posts it appears this topic has run its course since the OP has already has gotten their question answered.

Topic