Got arrested on overstay for years, it was never mentioned

[Kitsune]

How is that possible ?

My friend told me he got arrested once because someone ratted on him doing illegal work.

They chucked him in jail for a week or so.

His charges were solely regarding illegal work.

Anyway, his wife got hold of a Thai law book and started reading; She found a loop in labor law and prison sentencing and managed to have him released.

The all time they had his passport showing years of overstaying, nothing was ever mentioned.

He got out of prison, was given his passport back, and not a word was said regarding his overstay.

He said he was lucky.

For me it's more than luck it's a miracle !

He has not paid any bribe or asked any special favor from any connection.

How is that possible ?

[I Like Thai]

What was the loophole that she found ?

[Mario2008]

Thai labour law prefers that you pay a fine instead of going to court.

[soi41]

Do not believe in everything your friend tells you!!

Barstool nonsense!

Edited November 7, 2013 by soi41

[moe666]

They arrested him for working illegally didn't care about the overstay or worried about it They got there man so stop looking.

[MikeandDow]

waste of time TROLL post

[thaiexpat21]

waste of time TROLL post

+1

Agreed and not for the first time.

[Morakot]

What was the loophole that she found ?

[Kitsune]

waste of time TROLL post

+1

Agreed and not for the first time.

Please there is nothing trolling about my post.

To this day my friend does not understand how he got away with this and neither do I.

I thought Thaivisa could have the answer, but seems like I was wrong ...

[Kitsune]

Do not believe in everything your friend tells you!!

Barstool nonsense!

I don't drink and neither does he.

It's not something he boasts about, it's just one of this unexplained situation

[thaiexpat21]

waste of time TROLL post

+1

Agreed and not for the first time.

Please there is nothing trolling about my post.

To this day my friend does not understand how he got away with this and neither do I.

I thought Thaivisa could have the answer, but seems like I was wrong ...

This sounds much like "holiday" extensions !

[Kitsune]

Thai labour law prefers that you pay a fine instead of going to court.

He paid 30k to get out, true; I think thank to his wife who found out he could get out that way.

But his overstay was totally overlooked...

And that remains a mystery, he should have been deported fined and probably banned, right ?

[manarak]

Thai labour law prefers that you pay a fine instead of going to court.

He paid 30k to get out, true; I think thank to his wife who found out he could get out that way.

But his overstay was totally overlooked...

And that remains a mystery, he should have been deported fined and probably banned, right ?

easy, the 30k would have been ill-earned if the cops cashing it in had done him in for the overstay.

my guess is that he wasn't officially charged with anything, just put into a cell "pending charges".

"pending charges" here means "for a while to determine if someone is willing to pay to get him out before official charges are pressed".

Because once the legal process is started, all the paperwork is more difficult to make disappear, and there are also more people involved (i.e. more expensive).

[Kitsune]

What was the loophole that she found ?

Not sure exactly but he said basically, she found out he had the option to get out and by paying 30K, instead of being stuck in jail period .

[thaiexpat21]

Nope all that is required is a "Law Book" and there it is ! staring at one...........never been "discovered" before! The "loophole" !

Sorry I believe the OP is trying to have a laugh

[Kitsune]

Thai labour law prefers that you pay a fine instead of going to court.

He paid 30k to get out, true; I think thank to his wife who found out he could get out that way.

But his overstay was totally overlooked...

And that remains a mystery, he should have been deported fined and probably banned, right ?

easy, the 30k would have been ill-earned if the cops cashing it in had done him in for the overstay.

my guess is that he wasn't officially charged with anything, just put into a cell "pending charges".

"pending charges" here means "for a while to determine if someone is willing to pay to get him out before official charges are pressed".

Because once the legal process is started, all the paperwork is more difficult to make disappear, and there are also more people involved (i.e. more expensive).

You mean these were just bad cops trying to extort money ?

But surely they could have asked for more as he was "double guilty" (illegal work AND overstay) why did not they take that opportunity to get more cash ?

Edited November 7, 2013 by Kitsune

[wprime]

and I got out of an Australian traffic infringement by having the case heard interstate on a Monday morning. Believe it or not, but the system is run by humans, not machines - sometimes they slip up, sometimes they get lazy. Tell your friend to count his blessings.

[Kitsune]

Nope all that is required is a "Law Book" and there it is ! staring at one...........never been "discovered" before! The "loophole" !

Sorry I believe the OP is trying to have a laugh

well I believe my friend and I know that to this day he is still unsure about what exactly happened

And neither of us, don't think it's a laughing matter

[Mario2008]

Section 51 Alien Working act:

http://www.thaivisa.com/forum/index.php?app=core&module=attach&section=attach&attach_id=162114

[manarak]

Thai labour law prefers that you pay a fine instead of going to court.

He paid 30k to get out, true; I think thank to his wife who found out he could get out that way.

But his overstay was totally overlooked...

And that remains a mystery, he should have been deported fined and probably banned, right ?

easy, the 30k would have been ill-earned if the cops cashing it in had done him in for the overstay.

my guess is that he wasn't officially charged with anything, just put into a cell "pending charges".

"pending charges" here means "for a while to determine if someone is willing to pay to get him out before official charges are pressed".

Because once the legal process is started, all the paperwork is more difficult to make disappear, and there are also more people involved (i.e. more expensive).

You mean these were just bad cops trying to extort money ?

But surely they could have asked for more as he was "double guilty" (illegal work AND overstay) why did not they take that opportunity to get more cash ?

"Bad" cops are sometimes better than "good" cops, especially in cases like this one.

I wouldn't call it extortion either - the Law was broken, right?

The price seems low, but maybe your friend is poor, and the cops thought they cannot get more?

Another possibility is the wife contacting a friend of a friend in the force who was successful in convincing his colleagues in letting him go off lightly?

Everything is possible in Thailand.

It's also possible he just encountered cops with a heart on one hand, but who also needed money on the other hand.

I very much prefer cops able to exercise some judgement in light cases such as this one to western-style "good" cops who will blindly apply any law even it means breaking a family.

Edited November 7, 2013 by manarak

[Kitsune]

Thanks Manarak, your comment are very interesting

And the truth is probably in one of the suggestion you made

I think i understand a little more of Thai society, although I would not necessary agree with the last part of your comment (better a bad cop with judgement than a good cop without )

[Kitsune]

waste of time TROLL post

+1

Agreed and not for the first time.

Please there is nothing trolling about my post.

To this day my friend does not understand how he got away with this and neither do I.

I thought Thaivisa could have the answer, but seems like I was wrong ...

This sounds much like "holiday" extensions !

You mean you don't have the answer, therefore it's a troll.

The holiday extension does exists ask Walen

[itsrebel]

So, is your friend doing something about his overstay? Or does he plan to work illegally while overstaying? Or is he ready to pay the 30k every time this situation arises? Or is that the whole point of your OP, whether he continues breaking the law since some "bad cop" decided to ignore it or do something about it?

[Kitsune]

So, is your friend doing something about his overstay? Or does he plan to work illegally while overstaying? Or is he ready to pay the 30k every time this situation arises? Or is that the whole point of your OP, whether he continues breaking the law since some "bad cop" decided to ignore it or do something about it?

That is off topic

Plus you would have to ask these questions to my friend directly, as I am not in his shoes, thanks god !

[Bender]

No surprise at all!

When you get arrested -for any offenses- by the thai police. In fact you are NOT in the hand of the justice system.

You just have been arrested by crooks.

When they put you in jail/redemand prison, they are not interested in seeking justice.

Mostly because there is not enought background to convict you.

No, they are just after extortion and the best way its to fright you and they have the right to hold in a cell pending investigation...for few months.

Everyday we see thai criminals walking out in bail. Maybe they got a different thai judicial system...

[manarak]

I think i understand a little more of Thai society, although I would not necessary agree with the last part of your comment (better a bad cop with judgement than a good cop without )

Wait until you (unintentionally) get into a bad situation, and regardless you didn't harm anybody or didn't do anything criminal, the "good" cop/court throw the book at you and you get deported and can't live with your spouse and children anymore...

[NeverSure]

I don't think this is necessarily a troll. I think if the story is true, it was a brown envelope. Whether the guy fixed his overstay with immigration or is still working I don't know.

The only thing I can think of is that he cut a deal before he was formally charged, even if he didn't understand that. There is that "loophole" that's available sometimes but I wouldn't plan on it.

[Kitsune]

No surprise at all!

When you get arrested -for any offenses- by the thai police. In fact you are NOT in the hand of the justice system.

You just have been arrested by crooks.

When they put you in jail/redemand prison, they are not interested in seeking justice.

Mostly because there is not enought background to convict you.

No, they are just after extortion and the best way its to fright you and they have the right to hold in a cell pending investigation...for few months.

Everyday we see thai criminals walking out in bail. Maybe they got a different thai judicial system...

I did not realize this.

This is scary.

If it's true it's an eye opener.

Thanks

[Andre0720]

I would think that if it was a case of reported 'illegal work', immigration officers would have showed up.

So more likely cops looking for supplemental income, that was not as easy to get as foreseen.

Regarding the overstay, if the cops were not on direct assignment to dig out overstayers, could have been overlooked and ignored.

In any event, if they were looking for supplemental income based on some kind of 'reported illegal work', and that did not work out, the lead might just have been abandoned...

[pinball]

It is really odd that its always a friend, it seem friends on here are illiterate................ Why can they not post themselves .

PB