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Posted

Hi!

We are two friends from EU. We have 1 year bussines visa (issued 10. march 2009). In August we had an accident about stealing some chocolate in 7-eleven. We got arrested and stayed in prison for 48 days, however the court gave us penalty of 15.000 THB, which we paid and after release from prison went to local police station where after 15 minutes they found out that theres nothing wrong with us and let us go. We were released on 28.09 but needed to get stamp in 04.09. We got paper from police/court that we have been in prison so not able to go to border and get the stamp thus not paying overstay. We went to Cambodia border with our lawyer but the guy at the border refused to stamp our pasports.. He said he want to take us in and take to immigration. our lawyer said that he will take us and didnt let the guy arrest us. But nobody said anything about deportation or any other problem. Now we still stay without stamp and are trying to figure out what to do. If we had deportation for the crime we did, we would be taken from the court straight away to Bangkok and held in IDC until we can go home, right? Not just released from court and police to depart our asses when we want to..

Is there a chance of being "blacklisted" and deported for stealing some chocolate and other shit (value 1200THB) no alcohol nothing like that. We stated in police that we didnt have any money so we stoled just food for eating..

I cannot understand where is the problem. Im now thinking that the best option would be to go to Bangkok Airport, pay max. fine of 20.000 without showing papers from prison and fly to Cambodia.

Any suggestions>?

Posted

Is there anything else you're not telling us? First I thought the 48days jail sentence was kinda steep for stealing a couple of chocolate bars... but then in the end you said you stole more than just a couple of chocolate bars - in fact the total value was 1200 baht. I personally would not call STEALING as an accident :-) - I also don't believe you guys have a 1 year Business Visa??

Posted

Assuming this is not a somewhat unimaginative troll.

Welllllll, you've done your time without being deported, so you'll likely be OK just going to the airport and paying the maximum 20,000 Baht overstay fine.

I would however suggest returning to your home country and earning enough money to last a sensible period, you may not be so lucky next time you're caught stealing. Seems odd that you had to steal 'for food' but managed to pay the 15k fine and have the cash for the flight and overstay fee.

Remember you now have a Thai criminal record.

Let the flames begin.

"I don't want to know why you can't. I want to know how you can!"

Posted
...we had an accident about stealing some chocolate

...for stealing some chocolate and other shit (value 1200THB) no alcohol nothing like that. We stated in police that we didnt have any money so we stoled just food for eating...

I cannot understand where is the problem...

You don't understand why there's a problem? :)

Posted

Yes agree. If you had a one year business visa, you would also have employment and also a work permit - hence have a job and wouldnt have the need to stoop so low as to fill your pockets at other people's expense. Its people like you who give the rest of us (trying to live a decent life here) a bad name and its amazing that you have the gall to come and ask for advice in trying to squeal your way out of this.

I suggest that you arrange to get on a plane and leave as soon as possible. If immigration want to charge you for the overstay, I'll be happy to help pay the fine !

Posted
Is there anything else you're not telling us? First I thought the 48days jail sentence was kinda steep for stealing a couple of chocolate bars... but then in the end you said you stole more than just a couple of chocolate bars - in fact the total value was 1200 baht. I personally would not call STEALING as an accident :-) - I also don't believe you guys have a 1 year Business Visa??

loll its a funny story this guys bolt have 1 years business visa and no money for buy a chocolate bars at 30 Baht lolll

Posted

Either there's something, or a lot of things, he isn't telling or it's a p1ss poor attempt at a troll post.

What did they pay their lawyer with? Bottle tops?

Personally I think it's a load of old trollocks.

Posted

Why is it so amazing ?

1) some guys a One year Non B, stealing...How can that be?Well it doesnt mean that they were working In Thailand, nor intended to do so. It just means that they had a non B. The rest is speculation

It doesn't mean that they had enough money to go on (and if they stayed in jail that long it was only, I think, because they had no way to support themselves

2) Why being so harsh on these guys: of course it is wrong to steal and they were obviously judged for it and, even though noone wants a thief on their territory, Thailand has deemed that deportation was not to be applied in this case and....you don't know what tomorrow is made of

Oh, and in case you don't know it: not only the needy steal: I would even say that some people with very comfortable means of living do it and much more than 1200 baht (check with the hotels: now it tends to happen less as hotels do charge what is missing avoiding any confrontations with their guests)

3) Since they have been released that means they have been able to get some money together (lawyer/fine etc..) from abroad or elsewhere via their Embassies who may have contacted their families

As for an advice to the OP:

1) if you have the money, and I guess you do, pay the fine and fly out

2) To make sure that you are not blacklisted fly back in (holding a ticket to your home country just in case you are denied entry at the airport: do plan for a departure within 4 hours of your arrival just in case...) then stay in Thailand trying to understand why some people who have nothing to live on, do not steal and rather quit life all together rather than resorting to this kind of behavior (remeber this poor Italian guys who hanged himself because he had no more money to pay his hotel nor work coming to him)

3) The "incident" seems minor from your point of view (as in Europe you would be in for a warning by the authorities, mind they would have to catch you first) but it is luckily not the case here and this is why one can walk the streets of this country without being bothered (yes I know there is some kind of crimes around but contrary to other countries , I walk without a rear mirror at any time of the day/night) (it reminds me of some guys caught at the airport for relieving a passenger from his belongings, who stayed more than 3 months in jail, and when their Embassy's visitor talked to them they would not understand why Thai judicial system was making such a fuss whereas, back in their country, they were not bothered more than a day.....)

Now if you were drunk or playing a joke, that is not better but at least maybe you did not mean it and you have paid for it/ still paying as it seems

4) One thing though: I don't understand why, with a lawyer in your pocket, whom you paid for your defense and accompanied you to the border is not able to advise you (I know, I know there is no better sound advice than the one you will find in the Thai visa forum but.....let's say, I doubt some parts of the story

Posted

Ooops I forgot: if you do not have enough money to stay around, then, as so many of us have put it so rightly, go bak home, make money (honestly) and come to spend your holidays or open a business

Posted
...We got paper from police/court that we have been in prison so not able to go to border and get the stamp thus not paying overstay. We went to Cambodia border with our lawyer but the guy at the border refused to stamp our pasports...

The correct procedure, I believe, would have been to go with that paper from police/court to the local immigration office, which would have written something in the passport to advise the Thai immigration officer at the exit point to let you leave Thailand. It's a pity that your lawyer did not know that and did not ask the immigration office what to do before he took you to the border.

--

Maestro

The single biggest problem in communication is the illusion that it has taken place. — George Bernard Shaw

 

Posted

It's got to be a troll. you all missed the part that they went to Cambodia boarder run with their lawyer. they have money to pay fines hire a lawyer, pay for travel with lawyer to boarder etc but not to eat.

Also, very possible to get a Non-b and not be working, get a company to send a letter they will hire you and then never go to work, Non-B does not automatically mean you have a work permit. I used to to come to Thailand for 3 years on Non-b before I moved here and started working. I sold equipment to companies in Thailand and they would sponsor my non-B to come and train they employees to operate.

still think this is a troll, staying in jail for 48 days, paying a fine etc does not make sense, but then again TIT.

Posted

If you overstayed your visa because you were in jail, court or otherwise required to remain in Thailand for legal purposes... you can certainly get your visa problem fixed without penalties. Both my father and I were involved in a criminal + civil case and even though we only needed to attend an appointment with the lawyers or attend a court session every couple of weeks... we just thought it would be a good reason for getting our visas extended throughout the length of the court cases. To do that, our lawyers got a report from the police station stating that we were parties in an ongoing case, what activities we needed to participate in (both past and present), and then the lawyers drafted up another letter explaining their representation of us in the same case and the activities we needed to participate in (both past and present). This include bail hearings, statement interviews, jail time, personal meetings with the lawyers and/or police, etc.

The lawyers drove me down to the local immigration office in Pattaya and simply asked for an extension and provided the paperwork to show that we were wrapped up in legal proceedings for the previous 1-2 weeks and weren't able to get our visa done. I remember only paying the simple 1,000 - 2,000 baht extension fee and that was it. Problem fixed. They put a special stamp in my passport that leave room for explanations for the special extension, etc. It just stated (in Thai) "in reference to Pattaya Provincial Court case no. ...." and it has a written date of expiry being 3 months. After 3 months, the lawyers extended it another time for 3 months. Worked out well.

My point is, if you were truly jailed when your visa expired... then you should have no problem tell an immigration officer (locally) the truth and getting the documents you need to get that fixed. Suggest you get a lawyer that doesn't waste your time like before. Lawyers are time wasters... it is how they make money. Some things are free.. but you eventually will pay for ALL of it. lol.

As for your theft of chocolate from a 7-eleven, you are either a very unfortunate person who happens to be flat broke and on a business visa.... or you are the kind of expat that gives the rest of us respectable expats a bad reputation. Either way, you stole in Thailand and it might be time for you to consider going back to the EU. Thai thieves are allowed. If you haven't noticed, Thai court systems HATE foreign thieves. Read the news, man.

Posted
...

Thai thieves are allowed. If you haven't noticed, Thai court systems HATE foreign thieves.

First in response to loganberry, I can understand different views on this concept. You seem to be saying there ought to be equal justice for all. On the other hand, I think when you have been given the privilege of being a guest in another country, your behavior ought to be exemplary. And it is a privilege extended to us to be in this country as expats (or even as tourists)...it is not a "right".

In general, far too many are excusing or sort of excusing these idiots who admittedly stole and got caught. I know kids back in the States who stole candy at a 7/11 and ended up in juvenile detention. Nothing was put on their record...except it was...because any policeman could pull it up on their computer. The slate was never really wiped clean and a life was ruined, at least to the extent of what could have been.

I am reminded of my nephew who once committed a felony. I honesty don't know what he did...our family is a little odd about sharing information and that was always complicated by distance. I always guessed it was involving drugs. At any rate he ended up in the state pen for 2 years. My sister and mother were always lamenting about "poor Shawn"...it just wasn't fair. After he got out, one day he and I had a rare conversation based around the continuing problem he had getting a decent job (e.g., cook in a restaurant). "Uncle Vince, life is so unfair." "Bull toddy, Shawn. Whatever you did, did you know it was illegal before you did it? (yes) Did you know you could go to prison for doing it? (yes) But you did it anyway because you thought you could get away with it? (yes) Then, life wasn't unfair to you. And now you are paying a price, forever. Too bad. You're the only person I have known in my life who went to prison. Everyone else pretty much followed the rules and had a decent life. Life isn't so tough, you were just stupid."

Posted

Again, assuming the OP is not a troll:

Any criminal conviction in a criminal court in Thailand will normally lead to an automatic cancellation of the visa and/or the extension you are holding.

The normal procedure would be that the lawyer handling your case should make sure you are holding a confirmed airplane ticket out of Thailand, preferably to your home country, for same the day, or the day after your conviction.

Normally after your conviction, and after paying the fine, you will be handed over to the immigration police, who will then proceed to hold you until you leave Thailand.

There have been a few reports that, depending on what you were convicted of, immigration will allow you to remain free and go to the airport to leave Thailand on your own.

Mostly however they will escort you to the airport and put you on the plane. They will also have the proper paperwork to absolve you of an overstay incurred during your incarceration/legal procedure.

So the way I read the OP, there seems to have been a hick up in the procedure, where the OP were not properly handed over to the immigration department after paying their fines and being released. Seems the authorities followed the normal procedure reserved for Thai nationals.

It is very well possible that a local police station has no clue on the proper procedure immigration wise, so yep, for them it would be sensible to say all is in order if the fines have been paid, as it would be in the case of Thai nationals!

The border immigration bloke was correct in stating that they had to go to an immigration office to get processed properly.

Posted

Under Thai Law, a conviction in a Thai court for theft requires a mandatory black listing and deportation from Thailand.

Some courts and police don't realise this but an order is generally given to Immigration stating your status is now black listed. Generally the arresting officer is the one that forwards this order to the Immigration Police but sometimes the court will also do this.

If what you say is true, your case is a complex one, that most border guards would be scared to handle and in my opinion can only be resolved at Immigration Head Office in Bangkok. Yes you will need an Immigration Lawyer and or an Influential person.

My opinion is you are black listed, but the border guard was scared of your lawyer and his connections and did or could not take you in! Making waves at times with influential people in Thailand can be a problem even for a border guard!

Good Luck

BB

PS I wrote this post as Monty wrote his so sorry for the duplication!

Posted

I'm not sure the blacklisting is mandatory, I was of the impression that this was up to the judge to decide.

I am however pretty sure that the cancellation of their visa's is mandatory under Thai law.

I have seen many cases of rather serious offenses where no blacklisting happened, some of them drug related, resulting in a fine and probation. Deported, applied new visa and returned!

Posted

This has to be among the goofiest posts I've read on TV. Maybe too goofy to be false.

Well, you guys are criminals now, with criminal records. I'm surprised they didn't just escort you two to the airport or to your home country's consulate when released. As far as Thailand is concerned you're an ex-convict, so expect to be treated like one. Better find a more forgiving place to be poor in.

If you had the savvy to obtain a business visa I would think you would have a better understanding of how things are done here.

The more I re-read your post, and the more I try to puzzle it out, it all just seems dumber and dumber and...

"other shit" indeed!

:)

Posted

if the guy is real, he is not asking for anyone sympathy (why should he?) he is asking for advice (but considering the numbers of posts he has provided us with, I doubt he ever needed any)

I still don't understand why some of us are so agressive when it comes to other people mistakes, or whatever you may call it

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