nwh1 Posted September 13, 2011 Share Posted September 13, 2011 My American friend asked a Tuktuk driver for some marijuana (1 joints worth) while in BKK. The driver obliged and the police also showed up. My friend was searched and in addition to the marijuana, he had some Xanax and other anti anxiety medications on him which I believe he has a prescription for but probably didn't have the paperwork on him at the time. He was relieved of all his money by the police and was taken to a prison where he spent a few days. He was told to sign some documents that were in Thai. He signed "I want a phone call" on all the documents. He was transferred to the "Bangkok Hilton" where he spent a few more days and was later taken to court. He was provided with a "translator" (lawyer?) who told him the charges for the prescription drugs were dropped and to just say "yes,yes,yes" to whatever the judge said. The judge told him to pay "insurance" (bail?) of 21,000, leave his passport, and return at the end of October. His court date is after the expiry date of his visa and he does not have his passport.Obviously what my friend did was very stupid. He knows that and he/we just want to know what the best plan of action is from here? What I want to know is if he should have been given a lawyer, a phone call, and a visit from an embassy official. Also, should he contact his embassy now? Any other constructive advise is appreciated.On a side note, the conditions in the prison were disgusting so a quick reminder to everyone to keep it clean while in Thailand. Link to comment Share on other sites More sharing options...
jackdawson Posted September 13, 2011 Share Posted September 13, 2011 awesome post thx 4 that Link to comment Share on other sites More sharing options...
sbk Posted September 13, 2011 Share Posted September 13, 2011 Thread re-opened. lets try to give some helpful responses, true or not, people do get arrested for possession of small amounts of drugs and someone in this situation may need help some day. Link to comment Share on other sites More sharing options...
nwh1 Posted September 13, 2011 Author Share Posted September 13, 2011 Thank you for re-opening the thread. This really happened to my friend. Should the embassy have been notified? Link to comment Share on other sites More sharing options...
IanForbes Posted September 13, 2011 Share Posted September 13, 2011 The American Embassy would have been my FIRST call... providing the police gave me that option. And, yes, your friend WAS stupid. Not knowing the harsh drug laws of Thailand is very foolish. Link to comment Share on other sites More sharing options...
beano2274 Posted September 13, 2011 Share Posted September 13, 2011 Normally the Police should inform the Embassy, but it does sadly not always happen for minor offenses. Link to comment Share on other sites More sharing options...
lannarebirth Posted September 13, 2011 Share Posted September 13, 2011 If I had a friend in that position, this is what I would recommend to them. Forget getting a lawyer, Forget calling the embassy. Pay the 21,000 Bt. Surrender your passport (if you must). THEN, go to your embassy, report your passport as missing and apply for a new one. When the new passport is issued, get the hell out of Thailand. Good luck. Link to comment Share on other sites More sharing options...
nwh1 Posted September 13, 2011 Author Share Posted September 13, 2011 Can the court hold his passport? Link to comment Share on other sites More sharing options...
nwh1 Posted September 13, 2011 Author Share Posted September 13, 2011 (edited) He's already paid the 21,000 and left his passport with the court. They told him to return on October 30th. His visa (non B expires around Oct 28th. Edited September 13, 2011 by nwh1 Link to comment Share on other sites More sharing options...
craigt3365 Posted September 13, 2011 Share Posted September 13, 2011 If I had a friend in that position, this is what I would recommend to them. Forget getting a lawyer, Forget calling the embassy. Pay the 21,000 Bt. Surrender your passport (if you must). THEN, go to your embassy, report your passport as missing and apply for a new one. When the new passport is issued, get the hell out of Thailand. Good luck. Wouldn't getting out "legally" be a problem? Unless they are looking only at passport numbers??? Link to comment Share on other sites More sharing options...
beano2274 Posted September 13, 2011 Share Posted September 13, 2011 If I had a friend in that position, this is what I would recommend to them. Forget getting a lawyer, Forget calling the embassy. Pay the 21,000 Bt. Surrender your passport (if you must). THEN, go to your embassy, report your passport as missing and apply for a new one. When the new passport is issued, get the hell out of Thailand. Good luck. Wouldn't getting out "legally" be a problem? Unless they are looking only at passport numbers??? I think names as well as numbers as they swipe then, also if you get a new passport they add a note, saying that this is to replace passport number xxxxx which was reported as lost (they did with mine, UK Passport opposite photo page). Link to comment Share on other sites More sharing options...
nwh1 Posted September 13, 2011 Author Share Posted September 13, 2011 1 more detail I just remembered. They told him he would get 10,000 baht back when he appears on Oct 30. Link to comment Share on other sites More sharing options...
Beetlejuice Posted September 13, 2011 Share Posted September 13, 2011 How did the Yank know that the Tuk Tuk driver had some marijuana? Why did the police appear on the scene? Were they given a tip off, was the Tuk Tuk driver an undercover policeman or what? Was the Tuk Tuk driver also arrested? What do you mean by he/we? Is this actually about the newbie, or was the newbie and his so called friend together at the time? And why should the American Embassy become involved? Without being in view of the full picture, it is impossible to answer the newbie. This whole story doesn’t make sense and if the newbie cannot elaborate further, then this is a troll thread. Link to comment Share on other sites More sharing options...
harrry Posted September 13, 2011 Share Posted September 13, 2011 The embassy has a duty to provide Consular assistance and while this does not cover legal advice should cover liason to obtain the passport from the court to get a court extension from immigration. Link to comment Share on other sites More sharing options...
beano2274 Posted September 13, 2011 Share Posted September 13, 2011 The embassy has a duty to provide Consular assistance and while this does not cover legal advice should cover liason to obtain the passport from the court to get a court extension from immigration. only if the Embassy have been informed. Link to comment Share on other sites More sharing options...
nwh1 Posted September 13, 2011 Author Share Posted September 13, 2011 How did the Yank know that the Tuk Tuk driver had some marijuana? Why did the police appear on the scene? Were they given a tip off, was the Tuk Tuk driver an undercover policeman or what? Was the Tuk Tuk driver also arrested? What do you mean by he/we? Is this actually about the newbie, or was the newbie and his so called friend together at the time? And why should the American Embassy become involved? Without being in view of the full picture, it is impossible to answer the newbie. This whole story doesn't make sense and if the newbie cannot elaborate further, then this is a troll thread. I think my friend learned that TukTuk drivers sell dope while he was in Laos or Cambodia. It is common knowledge that motorcycle taxis do. I dont know why the police appeared on the scene. As far as I know, the Tuktuk driver was not arrested. This happened to my friend, not me. I got a phone call at 1am last night from him. He'd been released earlier in the day. I dont understand why think think this is BS. My friend was probably drunk at the time. He had taken a bus from northern Thailand down to Bangkok and it happened pretty much right after he got off the bus. Link to comment Share on other sites More sharing options...
harrry Posted September 13, 2011 Share Posted September 13, 2011 (edited) The embassy has a duty to provide Consular assistance and while this does not cover legal advice should cover liason to obtain the passport from the court to get a court extension from immigration. only if the Embassy have been informed. It will be if he informs them. Beetlejuice asked what the embassy had to do with it...I answered. THe passsport is the ppoperty of the US govt so they have a right to know too. Edited September 13, 2011 by harrry Link to comment Share on other sites More sharing options...
nwh1 Posted September 13, 2011 Author Share Posted September 13, 2011 The embassy has a duty to provide Consular assistance and while this does not cover legal advice should cover liason to obtain the passport from the court to get a court extension from immigration. Thank you. I will advise him to contact the American Embassy. Link to comment Share on other sites More sharing options...
beano2274 Posted September 13, 2011 Share Posted September 13, 2011 (edited) The embassy has a duty to provide Consular assistance and while this does not cover legal advice should cover liason to obtain the passport from the court to get a court extension from immigration. only if the Embassy have been informed. It will be if he informs them. Beetlejuice asked what the embassy had to do with it...I answered. THe passsport is the ppoperty of the US govt so they have a right to know too. Seems it only happened recently, we all know how long the Thais take to tell people things, maybe someone is still typing up the report before sending it to the Embassy. In fact it seems it happened yesterday, that was a very quick court appearance!!!!!!!! Edited September 13, 2011 by beano2274 Link to comment Share on other sites More sharing options...
smokie36 Posted September 13, 2011 Share Posted September 13, 2011 Your friend can plead guilty and receive a fine in the region probably 100k Baht. Or he could plead not guilty and continue to pay bail money for however long it takes for a trial date to be set. Then he will be found guilty and probably get a few months in the slammer. Up to him isn't it? All the talk of doing a runner aint going to happen....and the Embassy will likely take a dim view of your friend. Rightly so in my opinion. Link to comment Share on other sites More sharing options...
DP25 Posted September 13, 2011 Share Posted September 13, 2011 Best plan of action? Go to court on the date given. A single joint isn't a big deal. If he's lying about what happened and he was really caught with a kilo of coke up his rectum that's a different story. Link to comment Share on other sites More sharing options...
harrry Posted September 13, 2011 Share Posted September 13, 2011 Best plan of action? Go to court on the date given. A single joint isn't a big deal. If he's lying about what happened and he was really caught with a kilo of coke up his rectum that's a different story. His brig problem is that his visa wxpires before he goes to court. THis means that after the case when he walks out the door of the court if he does, the immigration police will arrest him and detain him for deportation. If his visa has been extended they cannot do this. Link to comment Share on other sites More sharing options...
madmitch Posted September 13, 2011 Share Posted September 13, 2011 A similar incident (well reported on Thaivisa) occurred to a guy called Rick in Phuket. He was arrested and charged for possession of a single joint. Rick was actually given his passport back along with a police letter in order to go to immigration where they issued an extension of his visa based on the fact he had to make appearances at the Court. He considered skipping bail at this point but decided it may be risky. It took almost two months, with two-weely reports to the Court, before his case finally went in front of a judge. NB he had no idea he was appaering in Court that day, expecting just a regular bail report. FYI Rick was fined 10,000 baht and was deported. I visited him at the immigration cell which he shared with about 50 Burmese. Not nice! Link to comment Share on other sites More sharing options...
nwh1 Posted September 13, 2011 Author Share Posted September 13, 2011 Your friend can plead guilty and receive a fine in the region probably 100k Baht. Or he could plead not guilty and continue to pay bail money for however long it takes for a trial date to be set. Then he will be found guilty and probably get a few months in the slammer. Up to him isn't it? All the talk of doing a runner aint going to happen....and the Embassy will likely take a dim view of your friend. Rightly so in my opinion. Thanks for this info. Is 100k the standard possession fine? Why did they tell him he would get 10k back when he appears? Link to comment Share on other sites More sharing options...
lannarebirth Posted September 13, 2011 Share Posted September 13, 2011 The embassy has a duty to provide Consular assistance and while this does not cover legal advice should cover liason to obtain the passport from the court to get a court extension from immigration. The embassy will hand you an A4 sized sheet of paper with a list of lawyers you might consider calling. They're not going to do a thing for this guy and IMO he would be stupid to ratchet up this situation. Get a new passport and go home is my advice. Link to comment Share on other sites More sharing options...
harrry Posted September 13, 2011 Share Posted September 13, 2011 Your friend can plead guilty and receive a fine in the region probably 100k Baht. Or he could plead not guilty and continue to pay bail money for however long it takes for a trial date to be set. Then he will be found guilty and probably get a few months in the slammer. Up to him isn't it? All the talk of doing a runner aint going to happen....and the Embassy will likely take a dim view of your friend. Rightly so in my opinion. Thanks for this info. Is 100k the standard possession fine? Why did they tell him he would get 10k back when he appears? The 10k would be a bail deposit. Link to comment Share on other sites More sharing options...
DEVATSAR Posted September 13, 2011 Share Posted September 13, 2011 Best plan of action? Go to court on the date given. A single joint isn't a big deal. If he's lying about what happened and he was really caught with a kilo of coke up his rectum that's a different story. His brig problem is that his visa wxpires before he goes to court. THis means that after the case when he walks out the door of the court if he does, the immigration police will arrest him and detain him for deportation. If his visa has been extended they cannot do this. If he pleads guilty and is fined, then i assume that will give him a criminal record here in Thailand. I am not sure that immigration cant deport even IF he is granted an extension. They CAN argue that he is "underirable " here iin Thailand etc I'mIm not saying its right or wrongm but I reckon he needs a lawyer for representationn at court AND possible deportation problems later. What mosr people fail to realise that a court will have the final say NOT the police etc. He must be bullet proof as far as is possible GET A BRIEF !!!! Link to comment Share on other sites More sharing options...
lannarebirth Posted September 13, 2011 Share Posted September 13, 2011 Your friend can plead guilty and receive a fine in the region probably 100k Baht. Or he could plead not guilty and continue to pay bail money for however long it takes for a trial date to be set. Then he will be found guilty and probably get a few months in the slammer. Up to him isn't it? All the talk of doing a runner aint going to happen....and the Embassy will likely take a dim view of your friend. Rightly so in my opinion. What do you mean the embassy will take a dim view? What embassy? What's the embassy got to do with anything? Link to comment Share on other sites More sharing options...
Johnniey Posted September 13, 2011 Share Posted September 13, 2011 The American Embassy would have been my FIRST call... providing the police gave me that option. And, yes, your friend WAS stupid. Not knowing the harsh drug laws of Thailand is very foolish. It's more foolish not knowing how to pay off the initial police before it even goes to court. 20 years ago, when I was young, 500 baht was enough to pay off a policeman for a joint. Nowadays, maybe 5000 would be enough. Also, neved sign anything you can't read. Link to comment Share on other sites More sharing options...
smokie36 Posted September 13, 2011 Share Posted September 13, 2011 Your friend can plead guilty and receive a fine in the region probably 100k Baht. Or he could plead not guilty and continue to pay bail money for however long it takes for a trial date to be set. Then he will be found guilty and probably get a few months in the slammer. Up to him isn't it? All the talk of doing a runner aint going to happen....and the Embassy will likely take a dim view of your friend. Rightly so in my opinion. Thanks for this info. Is 100k the standard possession fine? Why did they tell him he would get 10k back when he appears? There is no "standard" possession fine but if he is young first offence and just one joint then I can't see it being more than that...even if the judge is having a bad day. Not sure about the returned bail money. All I can say is I had a friend who's daughter was in prison awaiting trial for yabba possession. By paying a lawyer some cash she was able to get the daughter out on bail for a while. Of course this money was never seen again. Best your friend goes to court and pleads guilty. The visa thing is not a concern and will be waived. Link to comment Share on other sites More sharing options...
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