Train Posted November 22, 2013 Share Posted November 22, 2013 Without getting into the stupidity of this, I have been changed for bumping shoulders with a Thai person who is doing everything in his power to make life in our neighborhood hell for everyone. He originally filed a complaint with the police, they did a initial investigation and did not follow up with anyone as they determined nothing happened. The Thai accused the police of not doing there jobs and demanded they follow up. I was called in to the police station, told my story and the police agreed that there was nothing there, however they would need to speak to witnesses and the Thai accusing me. The Thai then, complaining that the police were working to slow, filed directly with the courts to do the investigation. I was served papers that I need to appear in court. I have spoken to a lawyer and he agrees that this is abuse of the legal system and that it does not have any ground to stand. However now that it is in the court system I would have to go through the whole ordeal as if I was being brought to courts by the police. That is I need to post bail, surrender my passport, hire a lawyer ( if I choose, even the lawyer is sawing not to hire him as this is ungrounded but....) etc or I could plead guilty to a crime I did not commit, pay the 500 baht criminal fine for punching him and pay his civil damages, 10 000 thb, that he claiming. The lawyer says that the courts will dismiss the case at the time of the hearing and that would be the end of it. Maybe! Now I know the bastard that he is, if I plead guilty, could he have my visa revoked or cancelled? Sincerely, Should of punched him in the head! Link to comment Share on other sites More sharing options...
Mario2008 Posted November 22, 2013 Share Posted November 22, 2013 He of course does not have that authority, but immigration does and can do that in case of a conviction. But would also greatly depend on the sentence. For a mere fine you are not expelled and blacklisted. Link to comment Share on other sites More sharing options...
ubonjoe Posted November 22, 2013 Share Posted November 22, 2013 He wouldn't be able to anything himself. Are you on a visa entry or extension of stay? Link to comment Share on other sites More sharing options...
Tywais Posted November 22, 2013 Share Posted November 22, 2013 "I need to post bail, surrender my passport" Not so sure about that. Someone decided to file criminal charges against me in court as the police already determined him to be at fault. No bail and no passport given and my lawyer handled it all. I didn't even have to go into the court room and my lawyer suggested best not to. The case was dismissed based on police and witness testimony. Link to comment Share on other sites More sharing options...
Train Posted November 22, 2013 Author Share Posted November 22, 2013 He wouldn't be able to anything himself. Are you on a visa entry or extension of stay? I am here on a marriage visa. Link to comment Share on other sites More sharing options...
ubonjoe Posted November 22, 2013 Share Posted November 22, 2013 He wouldn't be able to anything himself. Are you on a visa entry or extension of stay?I am here on a marriage visa.I suspect you have an extension of stay based upon marriage from immigration.Unless you have a multiple entry non-o visa. I would fight it in court if I was in your shoes. Link to comment Share on other sites More sharing options...
meand Posted November 22, 2013 Share Posted November 22, 2013 Will speeding in a car get you a speeding ticket? Link to comment Share on other sites More sharing options...
Train Posted November 22, 2013 Author Share Posted November 22, 2013 "I need to post bail, surrender my passport" Not so sure about that. Someone decided to file criminal charges against me in court as the police already determined him to be at fault. No bail and no passport given and my lawyer handled it all. I didn't even have to go into the court room and my lawyer suggested best not to. The case was dismissed based on police and witness testimony. Well here is the totally screwed up Thai legal system. As the Thai has now filed in court he does not have to continue on with the police complaint he made. Of course the police are trying to get the Thai to come in but if he refuses too there is nothing they can do to make him. It is the stupidest thing I have ever seen. You file a complaint with the police, then refuse to follow up on it, go over the polices head and the police cannot do anything about it. You would think that this would be automatic cancellation of the case, but no. The police have told me that either he comes and completes the investigation or pick up his complaint and the case is out of the polices hands and now in the courts hands to do the investigation. Of course if it goes to the courts and is accepted, 9 out of 10 cases are, then I have to post bail, surrender passport, etc. Link to comment Share on other sites More sharing options...
FritsSikkink Posted November 22, 2013 Share Posted November 22, 2013 Never plead quilty if you have done nothing. If you have to go to court then better counter sue for harassment. Link to comment Share on other sites More sharing options...
wooloomooloo Posted November 22, 2013 Share Posted November 22, 2013 Train, could you please expand a little on the following:I have been changed for bumping shoulders with a Thai person who is doing everything in his power to make life in our neighborhood hell for everyone....or I could plead guilty to a crime I did not commit, pay the 500 baht criminal fine for punching him and pay his civil damages... In the first instance you state that it was, let's say, a shoulder barge, and the second for punching him. If you are the innocent party, then in the UK the plaintiff would be considered a vexatious litigant. Link to comment Share on other sites More sharing options...
darrendsd Posted November 23, 2013 Share Posted November 23, 2013 (edited) The OP's case is not in the UK so it is not possible to compare the 2 The OP also infers should he just plead guilty to a made up complaint just to get it over and done with We all know how the Thai Legal system works, luckily the OP seems to have the Police on his side on this one OP let the Police and the courts handle this one, I doubt if your visa will be cancelled even if it goes against you Edited November 23, 2013 by darrendsd 1 Link to comment Share on other sites More sharing options...
Train Posted November 23, 2013 Author Share Posted November 23, 2013 Never plead quilty if you have done nothing. If you have to go to court then better counter sue for harassment. I would agree, but the cost is 50 000 for the lawyer to defend you then another 50 000 to sue for harassment. 100 000 for something I did not do and no guarantee's he will pay any civil suit at the end. The same goes in the UK or North America. Even though you are successful in a civil case it is up to you to collect. Even if that means you need to shell out more money for collectors and sheriff's. PS cannot sue back for collectors or Sheriff's. Link to comment Share on other sites More sharing options...
Train Posted November 23, 2013 Author Share Posted November 23, 2013 The OP's case is not in the UK so it is not possible to compare the 2 The OP also infers should he just plead guilty to a made up complaint just to get it over and done with We all know how the Thai Legal system works, luckily the OP seems to have the Police on his side on this one OP let the Police and the courts handle this one, I doubt if your visa will be cancelled even if it goes against you Sorry mate. The police cannot do anything to help me, yes they are on my side as the police are very familiar with this guy, this is not the first time he has done this. However if he does not follow up on the case he initiated the police are left with an open file. I am sure there is a time limit in which the case gets dissolved, but as of now I am on my own. Link to comment Share on other sites More sharing options...
Gone Posted November 23, 2013 Share Posted November 23, 2013 (edited) This is all wrong trust me. They have had my passport and 60k bail now for 6 months. The police is the one holding it all. You are getting wrong information somewhere. Here is how it works: 1) The Plaintiff files a complaint with the police 2) The police do an investigation on your history etc. to see if you have any similar charges etc. 3) If they feel the case should go to court, the police present the case to the prosicutor 4) The prosecutor reads it and decides if it should go to court or not. 5) The prosecutor makes his decission then sends it to the Board of Prosecutors along with his advice 6) If the board agrees with the main prosecutor that it should be dismised then they dismiss the case and do not allow it into court. 7) The prosecutor then makes a letter saying all charges are dropped and sends it to City Hall to be signed. 8) They order the police to give back your bail and passport (if it was taken) Now the only way they can take your passport is if you were given a "Promise to appear" at the police station and you did not show up. Then they would arrest you, bail and keep your passport. It is a very long drawn out process here so better if you can just pay 10,000 baht to the police and/or Plaintiff and have it dropped now. In my case the Plaintiff wanted 100,000 baht so I said NO WAY. My case never even made it to court and the prosecutor had dropped all charges 2 months ago but then the Plaintif (in my case a foreigner) appealed it and they get only 1 appeal so now I'm hoping I get everything back on Dec. 4th. This has been going on for almost 3 years now but this last time I was re-arrested as the foreigner re-charged me and I was arrested in June so this last time has been 6 months and has cost me a total of 6,000,000 baht in lost wages, lawyers, bail etc. PS: This all started in 2011 with a "defamation" charge when I replied to a rude German man trying to talk my down when I had a comuter for sale in the internet. I swore at him and told him to $%^& off and he has been trying to ruin my life ever since. Emails are private and a defamation charge is a public defame so even though I am not wrong, the legal system in Thailand is NOT a good one so PAY NOW if you can and move ahead Edited November 23, 2013 by Gone Link to comment Share on other sites More sharing options...
Popular Post evadgib Posted November 23, 2013 Popular Post Share Posted November 23, 2013 (edited) The OP's case is not in the UK so it is not possible to compare the 2 The OP also infers should he just plead guilty to a made up complaint just to get it over and done with We all know how the Thai Legal system works, luckily the OP seems to have the Police on his side on this one OP let the Police and the courts handle this one, I doubt if your visa will be cancelled even if it goes against you Sorry mate. The police cannot do anything to help me, yes they are on my side as the police are very familiar with this guy, this is not the first time he has done this. However if he does not follow up on the case he initiated the police are left with an open file. I am sure there is a time limit in which the case gets dissolved, but as of now I am on my own. Assuming this isn't a wind up how about playing the 'face' card to your own advantage? I doubt if the chief of police in whatever district you live in will appreciate being undermined by having such trivia filed at court after his subordinates threw it out. Edited November 23, 2013 by evadgib 3 Link to comment Share on other sites More sharing options...
darrendsd Posted November 23, 2013 Share Posted November 23, 2013 The OP's case is not in the UK so it is not possible to compare the 2 The OP also infers should he just plead guilty to a made up complaint just to get it over and done with We all know how the Thai Legal system works, luckily the OP seems to have the Police on his side on this one OP let the Police and the courts handle this one, I doubt if your visa will be cancelled even if it goes against you Sorry mate. The police cannot do anything to help me, yes they are on my side as the police are very familiar with this guy, this is not the first time he has done this. However if he does not follow up on the case he initiated the police are left with an open file. I am sure there is a time limit in which the case gets dissolved, but as of now I am on my own. The Police will be doing something to help you as they will provide the report to the courts, as you said they believe there is no case to answer Link to comment Share on other sites More sharing options...
Popular Post bender92 Posted November 24, 2013 Popular Post Share Posted November 24, 2013 Stick to the real lawyers, not the 'experts' on here. 3 Link to comment Share on other sites More sharing options...
kingstonkid Posted November 24, 2013 Share Posted November 24, 2013 The one thing that i would be worried about is that if he get's away with it and you plead guilty you have now opened up yourself to him in the future. It sounds like this guy if he got one foot int he door so to speak would keep pushing. I do not like to waste money on trivial matters but in this case i think personally that you are better to go to the police file harassment complaint against him. Also who is to say that he did not bump shoulders with you?????? Your other big worry is stated above. If you ever go to do anything requiring a police check you will have a mark against you. I am not so convinced that they look at what the mark was as much as that you have an assault guilty plea. BUT AS STATED we are not Thai lawyers. Personally i would talk to a lawyer and get it looked after in the courts. Link to comment Share on other sites More sharing options...
Crossy Posted November 24, 2013 Share Posted November 24, 2013 A post using profanities has been removed. Link to comment Share on other sites More sharing options...
lemoncake Posted November 24, 2013 Share Posted November 24, 2013 (edited) "I need to post bail, surrender my passport" Not so sure about that. Someone decided to file criminal charges against me in court as the police already determined him to be at fault. No bail and no passport given and my lawyer handled it all. I didn't even have to go into the court room and my lawyer suggested best not to. The case was dismissed based on police and witness testimony. Well here is the totally screwed up Thai legal system. As the Thai has now filed in court he does not have to continue on with the police complaint he made. Of course the police are trying to get the Thai to come in but if he refuses too there is nothing they can do to make him. It is the stupidest thing I have ever seen. You file a complaint with the police, then refuse to follow up on it, go over the polices head and the police cannot do anything about it. You would think that this would be automatic cancellation of the case, but no. The police have told me that either he comes and completes the investigation or pick up his complaint and the case is out of the polices hands and now in the courts hands to do the investigation. Of course if it goes to the courts and is accepted, 9 out of 10 cases are, then I have to post bail, surrender passport, etc. I could be wrong, but i believe he filed civil law suit NOT criminal, as only police can file criminal charges. If thats the case, i do not think you have anything to worry about Said person would need to prove in court damages he is seeking. Depending how far you willing to go, you could counter sue for triple the amount for say "libel" and use police choice not to take action as evidence of slander and extortion by this person as nothing took place but he filed law suit Edited November 24, 2013 by lemoncake Link to comment Share on other sites More sharing options...
advancebooking Posted November 24, 2013 Share Posted November 24, 2013 This is all wrong trust me. They have had my passport and 60k bail now for 6 months. The police is the one holding it all. You are getting wrong information somewhere. Here is how it works: 1) The Plaintiff files a complaint with the police 2) The police do an investigation on your history etc. to see if you have any similar charges etc. 3) If they feel the case should go to court, the police present the case to the prosicutor 4) The prosecutor reads it and decides if it should go to court or not. 5) The prosecutor makes his decission then sends it to the Board of Prosecutors along with his advice 6) If the board agrees with the main prosecutor that it should be dismised then they dismiss the case and do not allow it into court. 7) The prosecutor then makes a letter saying all charges are dropped and sends it to City Hall to be signed. 8) They order the police to give back your bail and passport (if it was taken) Now the only way they can take your passport is if you were given a "Promise to appear" at the police station and you did not show up. Then they would arrest you, bail and keep your passport. It is a very long drawn out process here so better if you can just pay 10,000 baht to the police and/or Plaintiff and have it dropped now. In my case the Plaintiff wanted 100,000 baht so I said NO WAY. My case never even made it to court and the prosecutor had dropped all charges 2 months ago but then the Plaintif (in my case a foreigner) appealed it and they get only 1 appeal so now I'm hoping I get everything back on Dec. 4th. This has been going on for almost 3 years now but this last time I was re-arrested as the foreigner re-charged me and I was arrested in June so this last time has been 6 months and has cost me a total of 6,000,000 baht in lost wages, lawyers, bail etc. PS: This all started in 2011 with a "defamation" charge when I replied to a rude German man trying to talk my down when I had a comuter for sale in the internet. I swore at him and told him to $%^& off and he has been trying to ruin my life ever since. Emails are private and a defamation charge is a public defame so even though I am not wrong, the legal system in Thailand is NOT a good one so PAY NOW if you can and move ahead 6,000,000 baht lost on the above situation is crazy. I feel sorry for you and the OP above. Re Op's case I would get 2 opinions from 2 separate lawyers Link to comment Share on other sites More sharing options...
kiwiinasia Posted November 24, 2013 Share Posted November 24, 2013 All I can say is that it is very likely that your nemesis will pass your guilty plea along with other notes (imagined and real) to Immigration. So do not plead guilty. Try to get the police in court on your side, a case of whisky should do it. Link to comment Share on other sites More sharing options...
lemoncake Posted November 24, 2013 Share Posted November 24, 2013 This is all wrong trust me. They have had my passport and 60k bail now for 6 months. The police is the one holding it all. You are getting wrong information somewhere. Here is how it works: 1) The Plaintiff files a complaint with the police 2) The police do an investigation on your history etc. to see if you have any similar charges etc. 3) If they feel the case should go to court, the police present the case to the prosicutor 4) The prosecutor reads it and decides if it should go to court or not. 5) The prosecutor makes his decission then sends it to the Board of Prosecutors along with his advice 6) If the board agrees with the main prosecutor that it should be dismised then they dismiss the case and do not allow it into court. 7) The prosecutor then makes a letter saying all charges are dropped and sends it to City Hall to be signed. 8) They order the police to give back your bail and passport (if it was taken) Now the only way they can take your passport is if you were given a "Promise to appear" at the police station and you did not show up. Then they would arrest you, bail and keep your passport. It is a very long drawn out process here so better if you can just pay 10,000 baht to the police and/or Plaintiff and have it dropped now. In my case the Plaintiff wanted 100,000 baht so I said NO WAY. My case never even made it to court and the prosecutor had dropped all charges 2 months ago but then the Plaintif (in my case a foreigner) appealed it and they get only 1 appeal so now I'm hoping I get everything back on Dec. 4th. This has been going on for almost 3 years now but this last time I was re-arrested as the foreigner re-charged me and I was arrested in June so this last time has been 6 months and has cost me a total of 6,000,000 baht in lost wages, lawyers, bail etc. PS: This all started in 2011 with a "defamation" charge when I replied to a rude German man trying to talk my down when I had a comuter for sale in the internet. I swore at him and told him to $%^& off and he has been trying to ruin my life ever since. Emails are private and a defamation charge is a public defame so even though I am not wrong, the legal system in Thailand is NOT a good one so PAY NOW if you can and move ahead Sorry Gone, but i do not buy it even a tiny bit. No police or courts would accept a case of libel or defamation because of an email, unless you somehow made that email public through facebook or something like that. 1 Link to comment Share on other sites More sharing options...
DiamondKing Posted November 24, 2013 Share Posted November 24, 2013 This is all wrong trust me. They have had my passport and 60k bail now for 6 months. The police is the one holding it all. You are getting wrong information somewhere. Here is how it works: 1) The Plaintiff files a complaint with the police 2) The police do an investigation on your history etc. to see if you have any similar charges etc. 3) If they feel the case should go to court, the police present the case to the prosicutor 4) The prosecutor reads it and decides if it should go to court or not. 5) The prosecutor makes his decission then sends it to the Board of Prosecutors along with his advice 6) If the board agrees with the main prosecutor that it should be dismised then they dismiss the case and do not allow it into court. 7) The prosecutor then makes a letter saying all charges are dropped and sends it to City Hall to be signed. 8) They order the police to give back your bail and passport (if it was taken) Now the only way they can take your passport is if you were given a "Promise to appear" at the police station and you did not show up. Then they would arrest you, bail and keep your passport. It is a very long drawn out process here so better if you can just pay 10,000 baht to the police and/or Plaintiff and have it dropped now. In my case the Plaintiff wanted 100,000 baht so I said NO WAY. My case never even made it to court and the prosecutor had dropped all charges 2 months ago but then the Plaintif (in my case a foreigner) appealed it and they get only 1 appeal so now I'm hoping I get everything back on Dec. 4th. This has been going on for almost 3 years now but this last time I was re-arrested as the foreigner re-charged me and I was arrested in June so this last time has been 6 months and has cost me a total of 6,000,000 baht in lost wages, lawyers, bail etc. PS: This all started in 2011 with a "defamation" charge when I replied to a rude German man trying to talk my down when I had a comuter for sale in the internet. I swore at him and told him to $%^& off and he has been trying to ruin my life ever since. Emails are private and a defamation charge is a public defame so even though I am not wrong, the legal system in Thailand is NOT a good one so PAY NOW if you can and move ahead Sorry Gone, but i do not buy it even a tiny bit. No police or courts would accept a case of libel or defamation because of an email, unless you somehow made that email public through facebook or something like that. If you dont beleive it then thats UP TO YOU His case is real and a nightmare I have read about it several times 1 Link to comment Share on other sites More sharing options...
MoonShadow Posted November 24, 2013 Share Posted November 24, 2013 This is all wrong trust me. They have had my passport and 60k bail now for 6 months. The police is the one holding it all. You are getting wrong information somewhere. Here is how it works: 1) The Plaintiff files a complaint with the police 2) The police do an investigation on your history etc. to see if you have any similar charges etc. 3) If they feel the case should go to court, the police present the case to the prosicutor 4) The prosecutor reads it and decides if it should go to court or not. 5) The prosecutor makes his decission then sends it to the Board of Prosecutors along with his advice 6) If the board agrees with the main prosecutor that it should be dismised then they dismiss the case and do not allow it into court. 7) The prosecutor then makes a letter saying all charges are dropped and sends it to City Hall to be signed. 8) They order the police to give back your bail and passport (if it was taken) Now the only way they can take your passport is if you were given a "Promise to appear" at the police station and you did not show up. Then they would arrest you, bail and keep your passport. It is a very long drawn out process here so better if you can just pay 10,000 baht to the police and/or Plaintiff and have it dropped now. In my case the Plaintiff wanted 100,000 baht so I said NO WAY. My case never even made it to court and the prosecutor had dropped all charges 2 months ago but then the Plaintif (in my case a foreigner) appealed it and they get only 1 appeal so now I'm hoping I get everything back on Dec. 4th. This has been going on for almost 3 years now but this last time I was re-arrested as the foreigner re-charged me and I was arrested in June so this last time has been 6 months and has cost me a total of 6,000,000 baht in lost wages, lawyers, bail etc. PS: This all started in 2011 with a "defamation" charge when I replied to a rude German man trying to talk my down when I had a comuter for sale in the internet. I swore at him and told him to $%^& off and he has been trying to ruin my life ever since. Emails are private and a defamation charge is a public defame so even though I am not wrong, the legal system in Thailand is NOT a good one so PAY NOW if you can and move ahead Sorry Gone, but i do not buy it even a tiny bit. No police or courts would accept a case of libel or defamation because of an email, unless you somehow made that email public through facebook or something like that. You are wrong.....its happened here several times. 1 Link to comment Share on other sites More sharing options...
MoonShadow Posted November 24, 2013 Share Posted November 24, 2013 This is all wrong trust me. They have had my passport and 60k bail now for 6 months. The police is the one holding it all. You are getting wrong information somewhere. Here is how it works: 1) The Plaintiff files a complaint with the police 2) The police do an investigation on your history etc. to see if you have any similar charges etc. 3) If they feel the case should go to court, the police present the case to the prosicutor 4) The prosecutor reads it and decides if it should go to court or not. 5) The prosecutor makes his decission then sends it to the Board of Prosecutors along with his advice 6) If the board agrees with the main prosecutor that it should be dismised then they dismiss the case and do not allow it into court. 7) The prosecutor then makes a letter saying all charges are dropped and sends it to City Hall to be signed. 8) They order the police to give back your bail and passport (if it was taken) Now the only way they can take your passport is if you were given a "Promise to appear" at the police station and you did not show up. Then they would arrest you, bail and keep your passport. It is a very long drawn out process here so better if you can just pay 10,000 baht to the police and/or Plaintiff and have it dropped now. In my case the Plaintiff wanted 100,000 baht so I said NO WAY. My case never even made it to court and the prosecutor had dropped all charges 2 months ago but then the Plaintif (in my case a foreigner) appealed it and they get only 1 appeal so now I'm hoping I get everything back on Dec. 4th. This has been going on for almost 3 years now but this last time I was re-arrested as the foreigner re-charged me and I was arrested in June so this last time has been 6 months and has cost me a total of 6,000,000 baht in lost wages, lawyers, bail etc. PS: This all started in 2011 with a "defamation" charge when I replied to a rude German man trying to talk my down when I had a comuter for sale in the internet. I swore at him and told him to $%^& off and he has been trying to ruin my life ever since. Emails are private and a defamation charge is a public defame so even though I am not wrong, the legal system in Thailand is NOT a good one so PAY NOW if you can and move ahead Sorry Gone, but i do not buy it even a tiny bit. No police or courts would accept a case of libel or defamation because of an email, unless you somehow made that email public through facebook or something like that. You are wrong.....its happened here several times. Gone is correct about the process; if he has gone directly to the court then its a Civil case as only the Public Prosecutor can bring Criminal charges and part of the process is that the Public Prosecutor must also interview you..... Link to comment Share on other sites More sharing options...
Tywais Posted November 24, 2013 Share Posted November 24, 2013 "I need to post bail, surrender my passport" Not so sure about that. Someone decided to file criminal charges against me in court as the police already determined him to be at fault. No bail and no passport given and my lawyer handled it all. I didn't even have to go into the court room and my lawyer suggested best not to. The case was dismissed based on police and witness testimony. Well here is the totally screwed up Thai legal system. As the Thai has now filed in court he does not have to continue on with the police complaint he made. Of course the police are trying to get the Thai to come in but if he refuses too there is nothing they can do to make him. It is the stupidest thing I have ever seen. You file a complaint with the police, then refuse to follow up on it, go over the polices head and the police cannot do anything about it. You would think that this would be automatic cancellation of the case, but no. The police have told me that either he comes and completes the investigation or pick up his complaint and the case is out of the polices hands and now in the courts hands to do the investigation. Of course if it goes to the courts and is accepted, 9 out of 10 cases are, then I have to post bail, surrender passport, etc. I could be wrong, but i believe he filed civil law suit NOT criminal, as only police can file criminal charges. Correct, you are wrong. I went through it myself. The police had already made the decision that the other party was at fault and closed it out. When I got the subpoena from the courts based on the other party filing charges at court and contacted my lawyer he told me it was a criminal charge and not a civil suit charge. Something along the lines of negligent driving causing bodily harm. The case was dismissed by the judge due to police statements and witnesses on my behalf. //edit - and no public prosecutor interviewed me. 2 Link to comment Share on other sites More sharing options...
lemoncake Posted November 24, 2013 Share Posted November 24, 2013 This is all wrong trust me. They have had my passport and 60k bail now for 6 months. The police is the one holding it all. You are getting wrong information somewhere. Here is how it works: 1) The Plaintiff files a complaint with the police 2) The police do an investigation on your history etc. to see if you have any similar charges etc. 3) If they feel the case should go to court, the police present the case to the prosicutor 4) The prosecutor reads it and decides if it should go to court or not. 5) The prosecutor makes his decission then sends it to the Board of Prosecutors along with his advice 6) If the board agrees with the main prosecutor that it should be dismised then they dismiss the case and do not allow it into court. 7) The prosecutor then makes a letter saying all charges are dropped and sends it to City Hall to be signed. 8) They order the police to give back your bail and passport (if it was taken) Now the only way they can take your passport is if you were given a "Promise to appear" at the police station and you did not show up. Then they would arrest you, bail and keep your passport. It is a very long drawn out process here so better if you can just pay 10,000 baht to the police and/or Plaintiff and have it dropped now. In my case the Plaintiff wanted 100,000 baht so I said NO WAY. My case never even made it to court and the prosecutor had dropped all charges 2 months ago but then the Plaintif (in my case a foreigner) appealed it and they get only 1 appeal so now I'm hoping I get everything back on Dec. 4th. This has been going on for almost 3 years now but this last time I was re-arrested as the foreigner re-charged me and I was arrested in June so this last time has been 6 months and has cost me a total of 6,000,000 baht in lost wages, lawyers, bail etc. PS: This all started in 2011 with a "defamation" charge when I replied to a rude German man trying to talk my down when I had a comuter for sale in the internet. I swore at him and told him to $%^& off and he has been trying to ruin my life ever since. Emails are private and a defamation charge is a public defame so even though I am not wrong, the legal system in Thailand is NOT a good one so PAY NOW if you can and move ahead Sorry Gone, but i do not buy it even a tiny bit. No police or courts would accept a case of libel or defamation because of an email, unless you somehow made that email public through facebook or something like that. You are wrong.....its happened here several times. Happy to accept, please show cases where people were sued for defamation which took place via private email 1 Link to comment Share on other sites More sharing options...
lemoncake Posted November 24, 2013 Share Posted November 24, 2013 "I need to post bail, surrender my passport" Not so sure about that. Someone decided to file criminal charges against me in court as the police already determined him to be at fault. No bail and no passport given and my lawyer handled it all. I didn't even have to go into the court room and my lawyer suggested best not to. The case was dismissed based on police and witness testimony. Well here is the totally screwed up Thai legal system. As the Thai has now filed in court he does not have to continue on with the police complaint he made. Of course the police are trying to get the Thai to come in but if he refuses too there is nothing they can do to make him. It is the stupidest thing I have ever seen. You file a complaint with the police, then refuse to follow up on it, go over the polices head and the police cannot do anything about it. You would think that this would be automatic cancellation of the case, but no. The police have told me that either he comes and completes the investigation or pick up his complaint and the case is out of the polices hands and now in the courts hands to do the investigation. Of course if it goes to the courts and is accepted, 9 out of 10 cases are, then I have to post bail, surrender passport, etc. I could be wrong, but i believe he filed civil law suit NOT criminal, as only police can file criminal charges. Correct, you are wrong. I went through it myself. The police had already made the decision that the other party was at fault and closed it out. When I got the subpoena from the courts based on the other party filing charges at court and contacted my lawyer he told me it was a criminal charge and not a civil suit charge. Something along the lines of negligent driving causing bodily harm. The case was dismissed by the judge due to police statements and witnesses on my behalf. //edit - and no public prosecutor interviewed me. Not the first time i am wrong But does sound somewhat strange as only police can bring on criminal charges, how can a person file criminal charge without police? 1 Link to comment Share on other sites More sharing options...
Tywais Posted November 24, 2013 Share Posted November 24, 2013 But does sound somewhat strange as only police can bring on criminal charges, how can a person file criminal charge without police? The simplest answer is TiT. 1 Link to comment Share on other sites More sharing options...
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