Legal Problem

[alphabangkok]

I have been living in Thailand for many years and reading Thaivisa, but this is my first post. My current visa is for being over 50 years old and living with my children who are Thai citizens.

Two ago I made a small investment in a Thai private company and they made me a director. Aside from attending an annual meeting, I had no direct involvement with the company. Last week, I was notified that the company and all the directors, including me, have been charged with criminal defamation. Apparently there was some problem with a salesperson, the company sent letters to all its customers, and the salesperson has now filed criminal charges with the court (somehow this is different from filing with the police).

The other directors, all Thai, are treating this very lightly, saying that this happens all the time in Thailand and the worst that can happen is a small fine and a suspended sentance. I checked with my regular lawyer, who told me that in Thailand all the directors were responsible for the actions of the company. He said that I should get a criminal lawyer, have money ready for bail, etc., etc. Then came the real shock -- he said that if the company lost the case, even if the directors only got suspended sentances, I would almost certainly be deported and blacklisted! Needless to say, I am now a nervous wreck as this would destroy my life and my family.

Hoping that one of your readers has knowledge about this kind of situation, I have two questions:

1) It it true that I would be deported and blacklisted?

2) Can anyone recommend a lawyer who specializes in criminal defamation?

Thank you for your assistance.

[wca01]

Call Khun Anongnart directly (H. Toosi, Lawyer Office)

and ask for advice.

08-17355658

Very capable lawyer to solve such problems.

(Tell her best regards from Khun Dieter)

WCA

[greenway]

I have been living in Thailand for many years and reading Thaivisa, but this is my first post. My current visa is for being over 50 years old and living with my children who are Thai citizens.

Two ago I made a small investment in a Thai private company and they made me a director. Aside from attending an annual meeting, I had no direct involvement with the company. Last week, I was notified that the company and all the directors, including me, have been charged with criminal defamation. Apparently there was some problem with a salesperson, the company sent letters to all its customers, and the salesperson has now filed criminal charges with the court (somehow this is different from filing with the police).

The other directors, all Thai, are treating this very lightly, saying that this happens all the time in Thailand and the worst that can happen is a small fine and a suspended sentance. I checked with my regular lawyer, who told me that in Thailand all the directors were responsible for the actions of the company. He said that I should get a criminal lawyer, have money ready for bail, etc., etc. Then came the real shock -- he said that if the company lost the case, even if the directors only got suspended sentances, I would almost certainly be deported and blacklisted! Needless to say, I am now a nervous wreck as this would destroy my life and my family.

Hoping that one of your readers has knowledge about this kind of situation, I have two questions:

1) It it true that I would be deported and blacklisted?

2) Can anyone recommend a lawyer who specializes in criminal defamation?

Thank you for your assistance.

First things first: Go to a lawyer.

[ChiangMaiAmerican]

While we all like to save money, I would recommend hiring the best lawyer you can afford. Tilleke and Gibbins firm would be my choice if I were in your situation. They are expensive relative to most other attorneys but are also very competent. Good luck.

[monty]

I'm definitely not a lawyer, but it is a fact if a foreigner is found guilty of a criminal offense, however light the penalty/fine might be, this will automatically lead to the cancellation of the visa/extension of stay he/she is holding.

Which basically means from the moment of conviction, you are deemed illegally residing in the country, and will be arrested and deported (by immigration police).

HOWEVER, for relative minor offenses (which I think in your situation is the case) and a proper lawyer, this will never lead to blacklisting. You stand a good chance of being put on a plane to a neighboring country, where you can get a visa again and immediately come back in.

Probably worst case is that they will demand that you fly out on a direct flight to your country of origin.

A good lawyer will know the timing of how the courts work, so you can buy a ticket in advance resulting in you never seeing the inside of a cell, merely a bit of waiting in the office of with a bit of luck a sympathetic officer. If you are a decent person they might even let you out on your own recognizance until the time is there to go to the airport...