BigC Posted February 25, 2014 Share Posted February 25, 2014 If one is to be arrested in samui Are the police required to read a suspect their rights as in the west ? If so what is supposed to be said? If not then what is he procedure " just hands please" Cuffed and wisked off to the nick Sent from my iPhone using ThaiVisa app Link to comment Share on other sites More sharing options...
Popular Post PiPiFFS Posted February 25, 2014 Popular Post Share Posted February 25, 2014 What rights ? What you said about sums up the procedure as far as I have ever seen. Never had the experience myself but seen it a few times over the years. 4 Link to comment Share on other sites More sharing options...
Popular Post Boater Posted February 25, 2014 Popular Post Share Posted February 25, 2014 They are in theory , but the don't Rule of thumb , if arrested , find out the amount to pay to get out , even if completely innocent , once you are in the system it can be a nightmare Sent from my iPhone 6 using ThaiVisa app 11 Link to comment Share on other sites More sharing options...
carmine Posted February 25, 2014 Share Posted February 25, 2014 (edited) They are in theory , but the don't Rule of thumb , if arrested , find out the amount to pay to get out , even if completely innocent , once you are in the system it can be a nightmare Sent from my iPhone 6 using ThaiVisa app Is there any interest in the possibility of innocence? Sure sounds like a great place to live doesn't it! Edited February 25, 2014 by carmine 2 Link to comment Share on other sites More sharing options...
Boater Posted February 25, 2014 Share Posted February 25, 2014 They are in theory , but the don't Rule of thumb , if arrested , find out the amount to pay to get out , even if completely innocent , once you are in the system it can be a nightmare Sent from my iPhone 6 using ThaiVisa app Is there any interest in the possibility of innocence? Sure sounds like a great place to live doesn't it! What was your friend actually arrested for big c ? Sent from my iPhone 6 using ThaiVisa app Link to comment Share on other sites More sharing options...
BigC Posted February 25, 2014 Author Share Posted February 25, 2014 I know what you are saying but is the so called "legal" way of arresting someone supposed to be backed up with words Maybe with forangs it's different as they assume that either we don't understand anyway or that we don't know the law which could be an advantage for them Sent from my iPhone using ThaiVisa app Link to comment Share on other sites More sharing options...
churchill Posted February 25, 2014 Share Posted February 25, 2014 (edited) They are in theory , but the don't Rule of thumb , if arrested , find out the amount to pay to get out , even if completely innocent , once you are in the system it can be a nightmare Sent from my iPhone 6 using ThaiVisa app Is there any interest in the possibility of innocence? Sure sounds like a great place to live doesn't it! Guilty until you can prove your innocence, I think .. not worth the risk in the Thai System Edited February 25, 2014 by churchill 1 Link to comment Share on other sites More sharing options...
Popular Post Torrens54 Posted February 25, 2014 Popular Post Share Posted February 25, 2014 Think you've been watching too much Farang TV. 555 4 Link to comment Share on other sites More sharing options...
olddoc Posted February 25, 2014 Share Posted February 25, 2014 No namby -pamby left wing socialist apologists rooting for "criminal rights" here ! Get arrested and your "rights" are read, out loud, in Thai ! You don't understand ? Tough You are entitled to speak to your consul/Embassy if arrested. The embassy staff may find it possible to provide advise within a few days ! Best advice is to stay legal and avoid trouble ! Link to comment Share on other sites More sharing options...
Wat dee Posted February 25, 2014 Share Posted February 25, 2014 I wonder in how many countries they actually read you your rights.I suspect this happens mainly in British Commonwealth and British colonialised countries? Link to comment Share on other sites More sharing options...
Smurkster Posted February 25, 2014 Share Posted February 25, 2014 Rights? As in Miranda rights...this ain't America Link to comment Share on other sites More sharing options...
BigC Posted February 25, 2014 Author Share Posted February 25, 2014 No namby -pamby left wing socialist apologists rooting for "criminal rights" here ! Get arrested and your "rights" are read, out loud, in Thai ! You don't understand ? Tough You are entitled to speak to your consul/Embassy if arrested. The embassy staff may find it possible to provide advise within a few days ! Best advice is to stay legal and avoid trouble ! Staying legal. I here that allot Just because one is arrested does not mean someone had committed a crime only suspected Sometimes staying legal is not easy as the whole point of a court is to prove your innocence ( if you are innocent ) Sent from my iPhone using ThaiVisa app 1 Link to comment Share on other sites More sharing options...
DGIE Posted February 25, 2014 Share Posted February 25, 2014 They don't read your rights to you if arrested. And if they do read, you don't understand. Link to comment Share on other sites More sharing options...
inzman Posted February 25, 2014 Share Posted February 25, 2014 There really isn't any measurable rule of law in this country. Stay away from trouble at your own peril. Link to comment Share on other sites More sharing options...
Popular Post Tropicalevo Posted February 25, 2014 Popular Post Share Posted February 25, 2014 Hmmm. So many legal experts here. I have been involved in the Thai legal system a few times. Some cases serious others not so. Some cases in Bangkok, one in Hua Hin and one (nearly) in Samui. The Thai legal system is not as corrupt as some of you suggest. (IMHO) I have been both accuser and accused. All cases were pretty fairly sorted but....drawn out timewise. The legal sytem here is slowwwwwwww. My only brush with the law on Samui was when my kayak was stolen. Reported it to the police. They found it and we had some interesting meetings with the thief. All of them over a cup of coffee in a restaurant. Eventually the police asked me if I wanted to press charges. I declined - so the thief was not arrested. (He was a member of a local gang and the police wanted him free so that they could keep an eye on him and identify the other gang members. That was fine by me.) As he was not actually arrested - just helping them with their enquiries - he was not read his rights. The hotel owners that were renting out my kayak (having bought it off the thief) were not arrested/fined for handling stolen goods. The police reasoned that they were already out of pocket. 7 Link to comment Share on other sites More sharing options...
wvavin Posted February 25, 2014 Share Posted February 25, 2014 The rule of thumb. When you are being arrested and brought to the police station (if there is a proper one), just scan through the whole premises to see who looks like the one that can decide and see him to negotiate the "rate" for the day. You should see yourself walking out very soon. Link to comment Share on other sites More sharing options...
churchill Posted February 25, 2014 Share Posted February 25, 2014 Being a Foreigner one is definitely at a disadvantage and worth avoiding any brushes with the system imo The legal system is not easy to understand , it is easy to sign documents , under pressure , that one regrets later .. very difficult & expensive to get proper legal advice Not easy to get proper translation in court , & one is in the hands of a local judge a system that seems the opposite to that in the UK at least , the US not sure ! 1 Link to comment Share on other sites More sharing options...
BigC Posted February 25, 2014 Author Share Posted February 25, 2014 Thank you the last 2 comments were worth me reading As a foreigner defiantly best to not sign anything I know the pressure can be very difficult to not sign as they can give one a verbal option which is worthless such as sign this and we give you a small punishment or don't sign and have bigger problem All depends in the charge I have had experience a while ago where I was arrested and thrown in jail for a few days and I still did not know what I was charged with All cleared up now but at the time I really did not have a clue Sent from my iPhone using ThaiVisa app Link to comment Share on other sites More sharing options...
olddoc Posted February 25, 2014 Share Posted February 25, 2014 BigC Amazing ! If that story is to be believed then clearly it was the colour of the tee shirt being worn that resulted in arrest ! Link to comment Share on other sites More sharing options...
technologybytes Posted February 25, 2014 Share Posted February 25, 2014 Wherever you are arrested there is correct procedure and normal procedure. If you have done wrong and it's not too serious you will probably be presented with a financial opportunity to avoid the courts, take this opportunity if you can afford it and want to avoid the Thailand legal system. The earlier in the procedure you can pay and be released the easier and probably the cheaper it will be. Not always the case, but often. Above all, don't panic ! 1 Link to comment Share on other sites More sharing options...
churchill Posted February 25, 2014 Share Posted February 25, 2014 Wherever you are arrested there is correct procedure and normal procedure. If you have done wrong and it's not too serious you will probably be presented with a financial opportunity to avoid the courts, take this opportunity if you can afford it and want to avoid the Thailand legal system. The earlier in the procedure you can pay and be released the easier and probably the cheaper it will be. Not always the case, but often. Above all, don't panic ! Also applies if you have not done anything wrong ! 2 Link to comment Share on other sites More sharing options...
NHT Posted February 25, 2014 Share Posted February 25, 2014 It really depends; Thai - i'd say, maybe Farang - Definitely not! Link to comment Share on other sites More sharing options...
falangadang Posted February 25, 2014 Share Posted February 25, 2014 (edited) Simply exercise your universal and unalienable right to remain silent. Don't sign any documents presented to you in Thai (you wont see any in English) even if there is a foreign English speaking police aid telling you its ok to sign as they are release forms or something that's a simple formality when 9 time out of 10 it will be some form of admission of guilt. The fact that you didn't understand the document and/or were told it was a formality will mean nothing once you've signed. If you get locked up or detained its best to seek the assistance of a known and trusted lawyer and/or friend/spouse etc and just don't play ball with anyone else! Without evidence or admission of guilt they can only hold you for so long,.. but with it then they've got you by the short and curlies and you are Kcuffed! Edited February 25, 2014 by falangadang 1 Link to comment Share on other sites More sharing options...
soihok Posted February 25, 2014 Share Posted February 25, 2014 My brother in law (18)., Not Samui, but Korat. Friend asked for a ride to the next village on BIL's bike, so he gave his friend a ride. On the way to the next village, Police road block, search of both guys revealed the friend had Yabba in his possession, BIL had nothing of the sorts in his possession. Both off the cop shop, overnight BIL was beaten up by the cops and forced to sign a confession. Straight off to jail - took time to arrange a lawyer - but it was the confession that did it, there was no way back. 5 years sentence (for giving Friend a lift on his bike). That was almost 3 years ago, he is hopefully out in 6 months. But he won't be the same guy that went in there....... Link to comment Share on other sites More sharing options...
BigC Posted February 25, 2014 Author Share Posted February 25, 2014 My brother in law (18)., Not Samui, but Korat. Friend asked for a ride to the next village on BIL's bike, so he gave his friend a ride. On the way to the next village, Police road block, search of both guys revealed the friend had Yabba in his possession, BIL had nothing of the sorts in his possession. Both off the cop shop, overnight BIL was beaten up by the cops and forced to sign a confession. Straight off to jail - took time to arrange a lawyer - but it was the confession that did it, there was no way back. 5 years sentence (for giving Friend a lift on his bike). That was almost 3 years ago, he is hopefully out in 6 months. But he won't be the same guy that went in there....... Wow this is the problem when one has done something wrong they most likely have a back up plan or story but when someone has done nothing wrong and they have no clue as to what is going on is when things can go very bad I was told by a thai is that most Thais have 3 rules Never pick anyone up in a car. ( not worried about stealing something more worried about putting stuff in the car) Don't ever get involved with anyone in the drug game If you have a fire arm( legal or illegal ) then never show or tell people about it These a rules for thai people But it shows what they most worry about Sorry to hear about your brother that is terrible Did he get a chance to pay bail ? Link to comment Share on other sites More sharing options...
bbbbooboo Posted February 25, 2014 Share Posted February 25, 2014 ahhhhh ......... not the thai accusatory finger of death Link to comment Share on other sites More sharing options...
edwardflory Posted February 25, 2014 Share Posted February 25, 2014 (edited) The USA is the only country I know of that if you are arrested, you are "innocent" until proven guilty You must be read your rights, or, if not, it is a good way to for an VERY GOOD attorney ($$$$) to get charges dismissed. HINT: If charged criminally, always go before the GRAND JURY and plead your case - they can dismiss the charges. I have worked in several British Commonwealth countries as a Private Investigator / Detective ( name depends on country ) and did make arrests based on the law of the particular country. What I have found ( also worked with local police many times )....: Country A: (1) Arrest with out warrant - if found commiting a ""crime"", (2) search person and property with out warrant - cops fined in court about $1US and told not to do it again ( somewher in the neighborhood of 100 Trillion times ), private sector "nothing" - evidence ALLOWED in court. This country will HIRE the private sector because most of the "rules" do not apply to private sector - you appear as a witness............ ( Guilty - you PROVE innocence ) Country B: basically, private sector can do about anything they want as to arrest and collecting evidence - let the court sort it out - courts will ""MAYBE"". Cops look the other way - you did their job.......... ( Guilty -you PROVE innocence ) Edited February 25, 2014 by edwardflory Link to comment Share on other sites More sharing options...
olddoc Posted February 25, 2014 Share Posted February 25, 2014 "Friend asked for a ride to the next village on BIL's bike, so he gave his friend a ride. On the way to the next village, Police road block, search of both guys revealed the friend had Yabba in his possession" And the moral of the story is choose "friends" with care ! Dick head junkies will run you into trouble ------it is called "Guilt by Association" ! 1 Link to comment Share on other sites More sharing options...
soihok Posted February 25, 2014 Share Posted February 25, 2014 Yes. Paid bail, which was taken as 1.5 years off his 5 year sentence - this money wasn't returned. Guess who paid the bail (50,000) ? Link to comment Share on other sites More sharing options...
soihok Posted February 25, 2014 Share Posted February 25, 2014 Korat - again. My wifes cousin was murdered about 8 years ago, he was in his mid teens, by a gang of guys that mistook him for some one else who had stolen a motorbike from one of them. It took place outside a school (of all places). He was killed by the guys with machete's. One of these guys was the son of a policeman. There were witness's and it went to trail - took years though. No one did anytime in jail, the families agreed on paying my wife's aunt blood money instead of serving a sentence, which was hard for me to accept at the time but now nothing really surprises me. (Seeing what was handed down to my BIL in comparison to the boys in the gang not going to jail - well what to make of it, hope I never have to answer to the mafia which is police force). Link to comment Share on other sites More sharing options...
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