Bail Procedure Following Withdrawal Of Case

[juggernaut]

Hi - I am posting this on a long shot that somebody has had a similar challenge and is happy to post more info regarding their experience here?

Some details of my situation..... for the sake of confidentiality of those involved I have kept these as general as possible while still being useful (hopefully)

1. Case was brought against a foreigner by a Thai Police officer claiming the foreigner had defamed him and the Royal Thai Police.

2. Foreigner was arrested, spent one night in jail before being allowed to post bail.

3. A Thai friend went Guarantor and posted 60,000 baht bail amount requested by police, however Foreigner's passport was retained by police.

4. The alleged defamation incident was subsequently cleared up privately between the two parties leading to the case being withdrawn.

Pretty normal you would think, but now comes the fun bit.....

Neither the foreigner nor the Thai who posted his bail can attend the police station where the case was lodged/bail posted and both have asked me to assist with winding up matters with the police (ie. claiming both passport and bail money). When enquiring at the police station I was informed I could do this provided I had the appropriate powers of attorney from both people and the 'receipt' from posting bail. After getting these documents from the appropriate parties, I am being told that the foreigner must attend the police station to 'sign something' together with the person who initiated the case??

Given that is not possible in the forseeable future, and the police not giving any other options, does anyone have any ideas?? I am not really familiar with the procedures in posting/claiming bail etc. but my general understanding is that it should be possible to clear this case with the powers of attorney I have and the bail receipt.........

I am a friend to both people and wish to help them conclude this matter but can't afford to incur legal fees particularly as it doesn't really involve me. Any constructive ideas would be much appreciated......thanks.

juggs

[GungaDin]

How could anyone "defame" the best police force money can buy?

[joskydive]

Hi - I am posting this on a long shot that somebody has had a similar challenge and is happy to post more info regarding their experience here?

Neither the foreigner nor the Thai who posted his bail can attend the police station where the case was lodged/bail posted and both have asked me to assist with winding up matters with the police (ie. claiming both passport and bail money). When enquiring at the police station I was informed I could do this provided I had the appropriate powers of attorney from both people and the 'receipt' from posting bail. After getting these documents from the appropriate parties, I am being told that the foreigner must attend the police station to 'sign something' together with the person who initiated the case??

juggs

I think that the 'signing of something' by both parties is a document which verifies that this matter is now closed and neither party will continue to persue the matter at a later date.

[CHINWA]

How could anyone "defame" the best police force money can buy?

COULDN'T AGREE MORE WITH YOU... NOW I'M READY TO START THE DAY

[juggernaut]

Good point, thanks. But shouldn't I be able to sign whatever that document is given I have power of attorney to conclude the matter on the foreigner's behalf?

[joskydive]

You should be able to sign the document with your power of attorney but TIT. I doubt that would be acceptable because they will be looking for 'face on' confirmation that this individual will not be looking for vengence at a later date.

[geriatrickid]

The Thai detention of the passport must be reported to the foreigner's embassy without delay. The embassy can arange for the immediate collection. If the embassy demands that its property be returned, the Thai policeman that holds onto it risks having a formal complaint lodged. The passport belongs to the foreign government and embassies don't screw around with passports. For all anyone knows it could have been used to make a forgery. It has happened in other countries.

As for the bail money being held for the release, I believe that is standard and fair. They can't release the bail money to just anyone even if the documents are legit. Bail money is handed over to the person that posted or to designated legal counsel.

However, the catch here is that the document that is being held out for signing must be reviewed by legal counsel. For all your friend knows it is an admission of guilt or something else that could invite legal sanctions. I appreciate I don't know what happened, but it would not be the first time a police force has used inventive means to obtain a confession. Get a lawyer to read that document. Trying to save money now could result in a very expensive proposition down the road. TiT, always be prepared.

Edited February 27, 2009 by geriatrickid

[juggernaut]

Well, a quick update.....seems there must be something more going on here than I am being made aware of. I have done a fair amount of research and contacted some old acquaintances for advice, and it seems I was heading in the right direction from the start. The policeman who I am told is responsible for the case is playing hard to catch (for an appointment) though!

"Oh sorry I had to go to xxxxxx, how about next Saturday?"

or

"I just have to go home and get my keys for my filing cabinet (that contains the passport and papers) that I forgot to bring today..... I'll be right back!" .....never!!!!!

Wonder how I can take it up a level? I speak a fair dose of Thai and am pretty well versed generally in Thai manners/etiquette....should I dare take this up a notch and try to find the guys boss? Suspect the police want to get their satisfaction out of this even though the case has been withdrawn and settled between the original people involved........TIT!

In the meantime my friends are still without their passport and money, and as it happens now, the foreigners visa has expired and he is now 'overstay'.

Frustrating!!

[Maizefarmer]

Hi - I am posting this on a long shot that somebody has had a similar challenge and is happy to post more info regarding their experience here?

Some details of my situation..... for the sake of confidentiality of those involved I have kept these as general as possible while still being useful (hopefully)

1. Case was brought against a foreigner by a Thai Police officer claiming the foreigner had defamed him and the Royal Thai Police.

2. Foreigner was arrested, spent one night in jail before being allowed to post bail.

3. A Thai friend went Guarantor and posted 60,000 baht bail amount requested by police, however Foreigner's passport was retained by police.

4. The alleged defamation incident was subsequently cleared up privately between the two parties leading to the case being withdrawn.

Pretty normal you would think, but now comes the fun bit.....

Neither the foreigner nor the Thai who posted his bail can attend the police station where the case was lodged/bail posted and both have asked me to assist with winding up matters with the police (ie. claiming both passport and bail money). When enquiring at the police station I was informed I could do this provided I had the appropriate powers of attorney from both people and the 'receipt' from posting bail. After getting these documents from the appropriate parties, I am being told that the foreigner must attend the police station to 'sign something' together with the person who initiated the case??

Given that is not possible in the forseeable future, and the police not giving any other options, does anyone have any ideas?? I am not really familiar with the procedures in posting/claiming bail etc. but my general understanding is that it should be possible to clear this case with the powers of attorney I have and the bail receipt.........

I am a friend to both people and wish to help them conclude this matter but can't afford to incur legal fees particularly as it doesn't really involve me. Any constructive ideas would be much appreciated......thanks.

juggs

Ha - and you really believe that the copper in question has a plausible excuse not to attend the police station - what is effetcively his employers office!!

It's always difficult getting funds back from the cops, belive me. I've posted bail before, and it was a song and dance to get them to produce the funds - this needed to be signed, this persons signature was needed, then that person's signature was needed ... and then this person was off duty today, then cash office cleark was playing golf, and on and on the matter went. I landed up having to sit around literally for 2 days non-stop to catch all parties on their ever so fleeting attendance of the police station.

But getting the passport was no problem - yer...... maybe he'll just go away once the passport is returned.

I presume you do have the bail receipt - for fxxx's sake do not hand that over to anyone - no exceptions - period - without the funds on the table.

[phaethon]

Did you (they) inform the Embassy about the passport being retained? If your friend is still in the Kingdom why can't he get back and sign off (with legal oversight)? Got to be worth a by us ticket from the other side of nowhere for 60k.

If the police check his stamp before handing the passport back then, if they are in a vindictive mood, I would think they'd inform immigration and it's off to immigration jail for him.