Got arrested on overstay for years, it was never mentioned

[manarak]

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

That's how things are - however, it's only scary when they let dangerous criminals off the hook.

[jacko45k]

Do not believe in everything your friend tells you!!

Barstool nonsense!

I bet it was one of those 'soap' stories my missus watches!

[sirchai]

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 ...

Your friend was indeed lucky. Most of the ordinary cops don't know what a foreign passport looks like.Nor how to check a visa.

The tourist police cops would have seen that.

So he paid a fine and was fine. -

[silent]

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

Well I tell you, one time in Canada I managed to get off an impaired just because of the way everything went down.. By the time I finished preparing for my own defence, after a few reqested remands and all the implications that were going to come out of it that I made obvious through the court staff, it took me a few days to get over the shock when the Crown Attorney started acting like mine at the trial. Even asking a few questions from the arresting officers until the judge asked if he wanted to dismiss the charges.

Like someone else said prosecutors are people and don't like a lot of hassle or something that ends up being an embarrassment to the authorities. "It happens" on both sides and sometimes just depends on the cards dealt and how they're played, Not a matter of law as much as using one against the other.

[Kilgore Trout]

 

 

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 ?

Why would the police care about overstay; thats immigrations problem not theirs

Sent from my GT-I9300T using Thaivisa Connect Thailand mobile app

[lemoncake]

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 ?

First you stated he did not pay any bribes or pay anything, now you state he paid 30k

So where is the miracle ? Or what is unclear for you?

[kinmaew]

This reminds me of when the three of us got caught smoking in the toilets at high school. The teacher was busy talking to the two others and I just fell behind them, and then just slipped away and no mention of it again. Sometimes the gods are kind, enjoy it and dont ask too many questions.

[cbluck58]

Since the max fine for overstay is 20k , they chose the more profitable route - no mystery , just greed.

[willyumiii]

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

There's your confession!

"and neither of us don't think it's a laughing matter.

So, they do think it's a laughing matter.

The troll done got you!

Good one!

[Wimbledon]

HOPE your friend counts his blessings and starts to clear nis situation up so he does NOT have a repeat performance !,,,, This was a gift of this system and he should do his best to put his house in SOME ORDER!? Lol

[Naam]

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 ?

why should "overlooking" be a "mystery"?

[jpmerlin]

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 ?

i have a friend who have a lots probleme whit the thail police, he is on overstay for a very long time and is still in thailand, i dont think the thail police care about immigration overstay...

[evercurious]

Sounds like this could have been years ago, when the details of all his particular ofences were no too analysed, just the work issue. If he was married to a Thai, that could have blurred visa overstay issue. If not, I heard of plenty of Westerners with similar stories but over 10 years ago.

Things have changed pretty much, but it could still be arbitrary from what one hears.

[yourauntbob]

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

maybe his wife found more than a loophole. maybe his wife bribed them but didn't want to tell him for whatever reason. maybe the wife has more powerful friends than she lets on. sounds like you can get your answer from his missus. Thai women are very clever but not always honest.

[tragickingdom]

The loophole is called money, but smart people do not mention a bribe. I have seen numerous times that courts are not at all interested in overstay. What need to be done however is that the judge orders the realise right away. If people come out of prison they are often separated in two groups. One group for immediate real ease and one group (foreigners mostly and maybe 20% of the Thais) who get a yellows card. This means that they are send to a place station for processing. Even people who have been in jails for over a decade will be spending a few nights in a police cell, they check out if there are outstanding warrants in another district. The fact that your friend did not got a yellow card means that he had good contacts, a bit of money or both. It is a bit like getting bail as a foreigner. If the foreigner has access to good contacts he will get bail where 90% of the foreigners do not stand any chance on bail.

[Waithai]

The loophole is called money, but smart people do not mention a bribe. I have seen numerous times that courts are not at all interested in overstay. What need to be done however is that the judge orders the realise right away. If people come out of prison they are often separated in two groups. One group for immediate real ease and one group (foreigners mostly and maybe 20% of the Thais) who get a yellows card. This means that they are send to a place station for processing. Even people who have been in jails for over a decade will be spending a few nights in a police cell, they check out if there are outstanding warrants in another district. The fact that your friend did not got a yellow card means that he had good contacts, a bit of money or both. It is a bit like getting bail as a foreigner. If the foreigner has access to good contacts he will get bail where 90% of the foreigners do not stand any chance on bail.

Do not a court decide on Bail & Cost ? If have previous convicton etc..

[Waithai]

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

maybe his wife found more than a loophole. maybe his wife bribed them but didn't want to tell him for whatever reason. maybe the wife has more powerful friends than she lets on. sounds like you can get your answer from his missus. Thai women are very clever but not always honest.

why thai woman not honeswt ?

[mickjn]

Tell your friend he should tell his wife she is a great woman.She is smart or knows someone that is.Good luck to your friend and his wife

[Loles]

This was possible only one way. Your friend had dreaming it.

[hellodolly]

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

Kind of like when they stop people for not wearing helmets. That is what they are there to do so not having a license dosen't matter that will be a check up on another day.

[dighambara]

waste of time TROLL post

So why TROLL a post you consider a troll post - CAPS intentional, your response was much more a TROLL than his post.

[boone57]

With all the corruption in Thai law enforcement, it is difficult at best, to believe the powers that be could give a rats ass about a loophole.

"oh look your honor, they forgot to dot a lower case "j" in the deposition translation".

[Kitsune]

Since the max fine for overstay is 20k , they chose the more profitable route - no mystery , just greed.

Could not they ask for 30+ 20 = 50 K?

[Kitsune]

Tell your friend he should tell his wife she is a great woman.She is smart or knows someone that is.Good luck to your friend and his wife

I did, what she did what admirable.

I told him he's lucky she saved his behind like that, he could still be in jail

[Kitsune]

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

PB

Because there is such thing as an IP adress and one would be stupid enough to share his illegal activities on a website watched over by Thai police and government.

[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

That's how things are - however, it's only scary when they let dangerous criminals off the hook.

Scary that anyone can find oneself in the hands and at the mercy of crooks ...

[manarak]

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

That's how things are - however, it's only scary when they let dangerous criminals off the hook.

Scary that anyone can find oneself in the hands and at the mercy of crooks ...

One's not at their mercy. the worst that can happen is that they start behaving like "good" cops and initiate the legal process that sends one in front of a court. That is where things get unpleasant.

Edited November 8, 2013 by manarak

[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 ?

First you stated he did not pay any bribes or pay anything, now you state he paid 30k

So where is the miracle ? Or what is unclear for you?

I'm slow OK?

30K was not presented as bribe.

Now I understand it was.

Also it sounded not alot of money for 2 offences, and they never mentioned it to him

Edited November 8, 2013 by Kitsune

[Kitsune]

Your friend was indeed lucky. Most of the ordinary cops don't know what a foreign passport looks like.Nor how to check a visa.

The tourist police cops would have seen that.

So he paid a fine and was fine. -

Why did not I think of this ?

We've got a winner here !

it was that simple !

Thanks so much, you're brilliant!

[humqdpf]

The best explanation of this is the lack of linked up government in Thailand (and in many other countries). The labor law enforcers do not know about visa law. So they don't care.

Before the arrival of "big data," this used to happen in the USA. There was the story back in the 1980s of the restaurant owner of European citizenship who was audited by the Internal Revenue (IRS) while his kitchen staff were arrested by INS (Immigration and Naturalization Service). The INS did not realize that the restaurant owner was not a US citizen and his green card had long ago run out!