Need Good Lawyer In Bangkok

[LivinLOS]

In fact a little publicity shining a light on the case would probably do him no harm at all at this stage..

I am sure Alan at the unmentionable publication or someone from the gazette would be open to talking it through, its a story with larger implications.

[Valentine]

He stayed here and ran his resort and is still here.. Reason he went to jail was crossing the tuktuks, he was then set up and had to do time. Thai biz 101.

Can you elaborate? Surely you cannot mean the tuks tuks arranged for the girl to crash into his car & die or did they get involved after the event? I often wondered if someone else was involved because to crash into Jimmy's car would mean she either fell asleep, was under the influence of alcohol/drugs, or forced off the road (someone might have been chasing her). Anyone but a blind man could see the car even late at night. Almost without fail motorcyclists do not travel that close to the edge of the road unless they are on the wrong side of the road.

[LivinLOS]

He stayed here and ran his resort and is still here.. Reason he went to jail was crossing the tuktuks, he was then set up and had to do time. Thai biz 101.

Can you elaborate? Surely you cannot mean the tuks tuks arranged for the girl to crash into his car & die or did they get involved after the event? I often wondered if someone else was involved because to crash into Jimmy's car would mean she either fell asleep, was under the influence of alcohol/drugs, or forced off the road (someone might have been chasing her). Anyone but a blind man could see the car even late at night. Almost without fail motorcyclists do not travel that close to the edge of the road unless they are on the wrong side of the road.

Talking about someone else..

Jan in valhalla got set up by the tuktuks simply because he stopped paying them a commission they felt entitled to forever.. He could choose to skip on bail and lose his 10 year lease or take his chances. He did his time and kept his resort.

[bunnaag]

I always thought that a non Thai person is deported after having served a jail term.

[LivinLOS]

I always thought that a non Thai person is deported after having served a jail term.

Not always.. I have never established if the judge sets this or how it happens..

[LivinginKata]

I always thought that a non Thai person is deported after having served a jail term.

That's a good point. I also think that a non Thai person would be automatically deported after any criminal offense. However I do know (first hand) of a case where a foreigner was permitted to stay in Thailand after a conviction. Naturally some money was involved .... TIT ...

[LivinLOS]

Also theres deportation and blacklisting..

Its possible that people are deported but can get the next plane back in, being deported is not always cause for blacklisting. Seems strange but I know that for sure.

[bunnaag]

Also theres deportation and blacklisting..

Its possible that people are deported but can get the next plane back in, being deported is not always cause for blacklisting. Seems strange but I know that for sure.

I also know people who were deported and came back.But they did not serve jail sentences they were deported because of visa overstay.

[LivinginKata]

Also theres deportation and blacklisting..

Its possible that people are deported but can get the next plane back in, being deported is not always cause for blacklisting. Seems strange but I know that for sure.

I know a guy who was deported for a work permit violation. He is never allowed back in Thailand. He tried to come back, flew into Bangkok, but was denied entry.

[LivinLOS]

I know a guy who was deported for a work permit violation. He is never allowed back in Thailand. He tried to come back, flew into Bangkok, but was denied entry.

It does seem random, I know one overstayer who was allowed straight back (after a while in the IDC and deported) and I sorta know a couple of people who were guilty of crimes one who did time who were allowed back.. Yet remember reading of someone blacklisted for stealing a hotel towel !!

[geriatrickid]

Assuming you park not according to the law and your car is fully insured.Can you claim money from the insurance company to cover the costs of the victim?Maybe a stupid question.

The automobile liability insuring section will indemnify when you are legally liable for property damage or bodily injury, provided of course that you comply with the other terms and conditions of the policy. This is why the policy responded to the defense costs and the bail.

If the defendant is jailed this suggests to me a charge of manslaughter. The cynic in me also says he was jailed because he didn't settle with blood money. (To those that say he should have paid up, that still would not have precluded the laying of a manslaughter charge.)

If I read the thread correctly, the vehicle was not parked in accordance with regulations. As such, whatever injury was sustained by a motorist would attach to the vehicle and its owner & driver. Even in the west, the owner of the vehicle is held liable for the damage a vehicle is responsible for. The driver would be held liable as well if the owner and driver were different.

A harsh penalty in consideration of the circumstances but one that is not unreasonable if one applies the applicable law.

In respect to the comment about the McDonalds and the litigation over the hot coffee, please note that the reason McDonalds was held liable was that it was shown to have been aware of the scalding temperature and that it was a business decision to keep the coffee that hot as it could stay longer in the dispensers at the drive throughs. By the same token, we know that there are rules in place for parking here. We disobey them at our own peril. The fact that the laws can be applied in a discriminatory fashion is a side issue. Unfortunately, this is one of those great aspects of Thailand that some never mention.

A very sad story.

[thaiwanderer]

A harsh penalty in consideration of the circumstances but one that is not unreasonable if one applies the applicable law.

Which you are unaware of?

Edited March 9, 2010 by thaiwanderer

[WOOHOO]

In respect to the comment about the McDonalds and the litigation over the hot coffee, please note that the reason McDonalds was held liable was that it was shown to have been aware of the scalding temperature and that it was a business decision to keep the coffee that hot as it could stay longer in the dispensers at the drive throughs.

That may well be the case, but to me, keeping coffee hot so it can be served longer and is still piping hot when it is served is plain common sense. The onus has to be on the customer, to have enough intelligence, to be able to drink a cup of coffee without burning himself. This is a grown adult we're talking about! When was the last time you drank a hot drink without sipping it first?

The point is, over the last 20 years things have changed dramatically in this area. People no longer want to be responsible for their own actions, and the law, for some mental reason is backing them up. It all started in America and then spread world wide like a plague.

In this case, I believe he has committed nothing more than a simple parking violation. Last time I did that, my wheel was locked, and I had to take a motorbike taxi to the cop shop and pay 500 baht. Logically, what I did and what he did is not different in any way.

The way I see it, if his parking there was directly responsible for the girls death, then someone else would have died long before now, as he has been parking there for ages.

The girl should be held responsible for her own actions, which possibly involve being over the alcohol limit and undoubtedly involve being an incompetent motorcycle rider.

But as I have said and others have agreed. The way the world is, a criminal charge would have been made in most other countries, and it is unreasonable to automatically go down the 'He's only being done because he's a Farang in Thailand' road.

As I have said before, I hope the insurance company can sort this out and he spend as little time behind bars as possible, because surely no would say that he deserves to be there.

[markg]

Yeah.

Sue Honda for the motorbike she was riding.

Sue Bridgestone for providing the tyres to enable her to ride to her death.

Sue Shell for providing the gasoline that contributed to her riding to her death.

Sue her parents for conceiving her - if they hadnt, she wouldnt have died.

Sue the local authority for providing roads.

But whatever you do, don't lay the blame at her door.

It was everyone else's fault but hers.

A very sad story indeed, but as WooHoo points out, this finger pointing blame game has to stop and people sometimes just have to take responsibility for their own actions and the consequences.

Edited March 9, 2010 by markg

[shawndoc]

And just to expand a bit on the McDonald's case. The woman ordered the coffee at the drive through, and decided to put cream in her coffee. So what did she do? She stuck the coffee between her legs and pried off the no-spill lid. She squeezed her legs together too tightly causing the coffee to spill out.

[WOOHOO]

And just to expand a bit on the McDonald's case. The woman ordered the coffee at the drive through, and decided to put cream in her coffee. So what did she do? She stuck the coffee between her legs and pried off the no-spill lid. She squeezed her legs together too tightly causing the coffee to spill out.

Yet she still won the case!! Need I say more about the sue culture that we live in.

It may be an old wives tale, and I can't be bothered to google it, but I'm sure once, a burglar successfully sued the owner of the house he was burgling because he hurt himself when climbing through the window. If that's not true, I'm sure there are many other crazy examples.

[markg]

And just to expand a bit on the McDonald's case. The woman ordered the coffee at the drive through, and decided to put cream in her coffee. So what did she do? She stuck the coffee between her legs and pried off the no-spill lid. She squeezed her legs together too tightly causing the coffee to spill out.

Yet she still won the case!! Need I say more about the sue culture that we live in.

It may be an old wives tale, and I can't be bothered to google it, but I'm sure once, a burglar successfully sued the owner of the house he was burgling because he hurt himself when climbing through the window. If that's not true, I'm sure there are many other crazy examples.

It is true. Under UK law a householder is responsible for the health and safety of anyone on his property, whether they entered as an illegal trespasser or not.

But we're not in the UK are we !

[richieudon]

I'm sure if it was a farang that hit this car the outcome would have been somewhat different....

[Tigs]

My question is, did this case ever hit the newspaper or media of any description? Surely a farang getting a year for such an incident would attract new stories from all the major papers. Did this really happen? What has he been charged with Patong Bob? Tell me the court he went to, I have a friend who is a top judge in this area and I will ask him to check what on earth is going on. Did he ever get legal representation? if so was it from a group of monkeys or pre school children? I find the whole thing very difficult to believe.

[LivinginKata]

My question is, did this case ever hit the newspaper or media of any description? Surely a farang getting a year for such an incident would attract new stories from all the major papers. Did this really happen? What has he been charged with Patong Bob? Tell me the court he went to, I have a friend who is a top judge in this area and I will ask him to check what on earth is going on. Did he ever get legal representation? if so was it from a group of monkeys or pre school children? I find the whole thing very difficult to believe.

The incident did indeed happen. Local media were asked to not to publish details by the British Consulate as this might have hampered the defense of the person charged.

[McFarang]

My question is, did this case ever hit the newspaper or media of any description? Surely a farang getting a year for such an incident would attract new stories from all the major papers. Did this really happen? What has he been charged with Patong Bob? Tell me the court he went to, I have a friend who is a top judge in this area and I will ask him to check what on earth is going on. Did he ever get legal representation? if so was it from a group of monkeys or pre school children? I find the whole thing very difficult to believe.

Tig's

You can find Jimmy at his new Bar Restuarant the DRIFT INN on Sai Yuan Rd Rawai on the left hand side before the Mosque.

Any help from your friend the Judge I am sure would be appreciated.

Thank You

McFarang

[whichschool]

My question is, did this case ever hit the newspaper or media of any description? Surely a farang getting a year for such an incident would attract new stories from all the major papers. Did this really happen? What has he been charged with Patong Bob? Tell me the court he went to, I have a friend who is a top judge in this area and I will ask him to check what on earth is going on. Did he ever get legal representation? if so was it from a group of monkeys or pre school children? I find the whole thing very difficult to believe.

The incident did indeed happen. Local media were asked to not to publish details by the British Consulate as this might have hampered the defense of the person charged.

Surely now is the time to contact the newspapers in the UK or the bird who works for the BBC over here ..... truly bizarre happenings.

[geriatrickid]

My question is, did this case ever hit the newspaper or media of any description? Surely a farang getting a year for such an incident would attract new stories from all the major papers. Did this really happen? What has he been charged with Patong Bob? Tell me the court he went to, I have a friend who is a top judge in this area and I will ask him to check what on earth is going on. Did he ever get legal representation? if so was it from a group of monkeys or pre school children? I find the whole thing very difficult to believe.

With all due respect, your friend the judge would not intervene, nor could he. The reasons are as foolows;

1. The action is already before the courts. Any attempt to interfere, meddle etc. is considered to be inappropriate and is tampering. It is also illegal.

2. Outside interference by another judge is incredibly disrespectful. It is just not done. If a message is sent it is through another channel.

3.No Thai judge is going to put himself out for a foreigner in a case like this. Sorry.

[logbags]

The incident did indeed happen. Local media were asked to not to publish details by the British Consulate as this might have hampered the defense of the person charged.

## With my long experience dealing with Australian Immigration and having been through the legal systems of both Thailand and Australia I would say the opposite, yell as loud as possible and get as much publicity as possible.

I would like to know what suit said that and why publicising the story would "hamper" the investigation. All too often in Thailand this simply means the more peope who find out about it the more people have to be paid off.

Thailand has very unusual laws in regards to vehicle deaths, even if the dead person was totally in the wrong the other driver is usually jailed or has to pay compensation to the dead persons family. This is why so many Thai drivers flee the seen as they fear being killed or attacked by the victims family.

With a farang it is simply that they are perceived to have more money so ridiculous amounts are usually sort by greedy people trying to cash in on some realtives death. If these people were publically shown to be trying to cash in I feel it would be quickly resolved for face saving reasons.

This is a case where publicity would help if the facts are correct. Time and time again we have seen face saving attempts and action taken after publicity. This was seen in the JJ jet ski incident where some short term face saving was done. Long term changes rarely happen but the goal should be to get this guy out of jail first.

[LivinginKata]

Long term changes rarely happen but the goal should be to get this guy out of jail first.

I had heard that he yet to go to jail, pending his appeal. Can anyone confirm that he is out on bail ??

[cdmtdm]

## With my long experience dealing with Australian Immigration and having been through the legal systems of both Thailand and Australia I would say the opposite, yell as loud as possible and get as much publicity as possible.

I would like to know what suit said that and why publicising the story would "hamper" the investigation. All too often in Thailand this simply means the more peope who find out about it the more people have to be paid off.

Thailand has very unusual laws in regards to vehicle deaths, even if the dead person was totally in the wrong the other driver is usually jailed or has to pay compensation to the dead persons family. This is why so many Thai drivers flee the seen as they fear being killed or attacked by the victims family.

With a farang it is simply that they are perceived to have more money so ridiculous amounts are usually sort by greedy people trying to cash in on some realtives death. If these people were publically shown to be trying to cash in I feel it would be quickly resolved for face saving reasons.

This is a case where publicity would help if the facts are correct. Time and time again we have seen face saving attempts and action taken after publicity. This was seen in the JJ jet ski incident where some short term face saving was done. Long term changes rarely happen but the goal should be to get this guy out of jail first.

good post logbags ..... totally agree the more people , the more publicity , the better ...he is innocent and the world needs to know about this ridiculous in justice , who cares what crap has gone down in the past in relation to paying off relatives of the dead ...... whether innocent or guilty its extortion ...... we have a moral issue here and an innocent mans future hangs in the balance ... so if anyone has contacts anywhere in the world start posting emails and get some action while we have time ....... unbelievable !!!! i do not know Jimmy but wish him all the luck , i am about to post emails to the papers in Australia ...... this needs to be on the front page of the Phuket gazette and Bangkok Post until its settled

[starkey_rich]

Long term changes rarely happen but the goal should be to get this guy out of jail first.

I had heard that he yet to go to jail, pending his appeal. Can anyone confirm that he is out on bail ??

As Mcfarang says Jimmy is out and has just opened a bar in Sai Yaun Rawai

[logbags]

I had heard that he yet to go to jail, pending his appeal. Can anyone confirm that he is out on bail ??

The legality of parking of the car seems to be the key issue.

He should be allowed out on bail in theory and has an appeal process that can be dragged out for years and probably will be if you get lawyers involved. The key issue here is the family, they decide much of what the police do. I would personally go see them, sit down and talk and show them and explain how you are a victim as well.

Most Thai people I know are forgiving but it is hard when you cannot speak the language, when I was run down in Bangla 20 years ago the police actually asked me if I wanted the driver to go to jail. I told them I could see no point as what was done was done and he had no money and the owner had paid my hospital bills already.

He prostrated at my feet and was almost crying and I just old him to be more careful in the future. I would pay what I could afford within reason. The legal fees may end up way more anyway so I would make an offer subject to no more action being taken. Unfortunately now the police are involved they will want an earn.

Even in my case where I wanted nothing the police still clipped the guy for 1000 baht he had to borrow from his poor mother.

[TaoNow]

I agree this story is newsworthy if accurate as reported by Patong Bob.

But OP refuses to come back to his own thread and provide the details of what the actual criminal charges were.

We've heard something about an "unlit" parked vehicle, but that makes about as much sense as an unlit electricity pole.

If you could always claim six-figure damages by ramming your motorbike into a farang's parked vehicle, you can be sure there would be paid squads of kamikaze meth-addict cyclists crashing into them on a regular basis.

But that does not happen. So there is something essential missing from OP's tale.

The Forum needs to have some answers to the questions OP has raised before anyone should relay this story to others.

Until then, talking about it is just rumor-mongering and food for trolls.

[cdmtdm]

I agree this story is newsworthy if accurate as reported by Patong Bob.

But OP refuses to come back to his own thread and provide the details of what the actual criminal charges were.

We've heard something about an "unlit" parked vehicle, but that makes about as much sense as an unlit electricity pole.

If you could always claim six-figure damages by ramming your motorbike into a farang's parked vehicle, you can be sure there would be paid squads of kamikaze meth-addict cyclists crashing into them on a regular basis.

But that does not happen. So there is something essential missing from OP's tale.

The Forum needs to have some answers to the questions OP has raised before anyone should relay this story to others.

Until then, talking about it is just rumor-mongering and food for trolls.

good points, if i can also add ...... has anyone followed up who the victim was?? perhaps the answers lay in that direction , maybe the victims family is highly connected to someone in a position of power ............. a follow up from OP would be nice ...