Arrested in samui

[soihok]

When I said guys I meant teenagers, not big blokes.

[churchill]

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 )

Are you sure ? Strauss-Kahn was arrested and locked up , & tried by the press , until the case was dismissed

'"If one lesson should be taken from the failed case against Dominique Strauss-Kahn it should be this: Have mercy on those who fall into the grasp of the US justice system. Even if the public prosecutors stopped a case that lacks foundation at the last minute, Strauss-Kahn's case exposes the weaknesses of the American justice system … Those who don't have the means to fight against this must fear injustice before the court."

"This goes to the question of why the statements of the alleged victim were sufficient, without previous examination, to set a martial trial in motion. A trial that appealed to the most base instincts of the public by staging the fall of one of the world's most powerful men."

"If anything remains from the Strauss-Kahn case, hopefully is will be a lively debate over the American justice system."

http://www.spiegel.de/international/world/the-world-from-berlin-the-us-justice-system-failed-miserably-in-dsk-case-a-782152.html

[BigC]

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) ?

The lawyer ???

Yes when paying bail money who ever pays the bail money the cheque gets made out to the person who paid

For example if you get your thai friend to pay bail with your money then the cheque shall be made out to them

Also of the person who's bail is in the name of wants the money

Then they have the power to go to je police and ask for the bail money back and the person who is on bail gets sent back to jail

Sent from my iPhone using ThaiVisa app

[BigC]

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.

That sounds like dumbest advise ever

How do u scan a police station?

Once u r in the police station the only person that can decide your fate is the Roy wain the person in charge of your case

Or the police captain

Allot of people reckon you can just pay your way out of trouble

I suggest you go through the system it is not as easy as that

You cannot walk into a station with a pocket full of cash and say " who wants it?"

They shall kick you out and you could face bribery charges

Cannot go into too much detail

If you are stopped in a road block with allot of whiteness around then you shall need a few suit cases full of cash to pay every copper there and then I doubt they would take it

Then if you do find a corrupt copper he might take your money and do nothing and you shall be in more mess

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[justanotheroldhippy]

I was going to suggest calling the Tourist Police for help... then I realised what I had written and couldn't stop laughing! 'Tourist Police' and 'Help' together in the SAME sentence! ha ha ha ha ha... yeah.... right!

[thailandbeachisland]

But usually it seems that in this country they don't arrest innocents so often ? Anyway they don't investigate and can only catch someone on the scene !

[cracker1]

I am a little involved close to the Thai legal "SYSTEM" in Samui and my advice to Bic C would be "never sign a Police statement that you can not read and understand"

[seancbk]

I'm pretty sure from reading these comments that very few of you have actually been to a Thai Police Station or had any real dealing with the Police.

I've been to Police stations in Bangkok on at least 6 occasions. At Lumpini Police Station there was always a Farang officer who was very friendly and helpful.

At the other Police stations there was always an officer who spoke enough English and was able to help with whatever the problem was.

They took a friend of mine into custody (he had a mental breakdown and stripped off on the BTS!), they were very decent to him and only held him (admittedly in the cells) until I arrived.

They insisted I take him, there was no fee to pay... just here he is please look after him. The second time it happened they called the British Embassy and eventually he was repatriated back to the UK on medical grounds.

I also had a friend murdered a couple of years ago. The Police identified the culprits and got them within days. The whole process was very good.

Most things I read seem to imply that the Police are either Keystone Cops or some form of lawless money grubbing Mafia. My hands on experience has been that although they don't look as nice and shiny as Police in HK or Singapore (where I also have experience with law enforcement) and although they don't get very well paid, the Thai Police do take their jobs seriously.

[hgma]

here is my advice...........

be sure that before you get arrested, to befriend dmu law enforcers.....

Decision

Making

Units

That way it is easier to be 'understood'

understand?

best way is to avoid being AT the police station.

[cdnvic]

Potentially slanderous comments removed. You cannot simply accuse someone of corruption without evidence.

[BigC]

It is pretty much a myth that you can buy your way out of trouble here

There is some truth to it but allot of mis understanding

In this country it is very difficult to understand and very easy to make wrong assumptions

I know when a thai murders a thai the families settle win cash compensation

This is not corruption as normally the family of the deceased has to agree

When a family member is lost for good

It is easy for people to say I don't want money I just want then to go to jail

But from a real point of view for example a farther of 2 gets murdered leaving a single mother to bring up 2 kids

How is the killer going to jail going to help her. In the west we take this as justice but here it is an injustice the main money provider from the family has been taken the killer is in jail and now he mother is fighting the poverty barrier plus murder sometimes is not straight forward

We have to stop saying things like back in England or back in American we would do this and we would do that

We are not there we are here

So we have to also remember when someone has had something done wrong to them and justice has not be delt with then allot of people do decide to become judge jury and executioner

Sent from my iPhone using ThaiVisa app

[nithisa78]

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

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using ThaiVisa app

Great answer. I was aquainted with Asian ex-pat criminals. They forged documents and their Father had some other scams going. Holy Cow Batman, one of them got caught. Life is good. Dectectives or whatever is the respectful and appropriate way to address them, took this everyday criminal to the Police Station. Once there it was 50,000bh and go home. The criminal Father refused to pay. This was circa 2009 BKK, earlier this very month. However, I'm not sure when the whole thing started. I am witholding their Country of origin so fellow readers may remain more objective. Every so many weeks the thief would have to see the court in Phuket. In the beginning of my knowledge of this his head would be shaved and first he would be confined for about one month. Released and told when to return. Only to go through the same experience every time with less time detained. After numerous lawyers and few million baht at least plus two years or more of this treatment, it went away. I was being strung along this whole time as apparently since they cheated me once on a clothing purchase to the tune of little more than $1000. U.S. I must have seemed more stupid than I am. They thought they would get me again. Actually they did but it was chump change. I don't wager more than I can afford to lose. Got hate email in return after inquiring little while later, how are things? Amazingly in their no brains, they were holding me responsible. All I ever said was, find out from your lawyer, how much and how fast can you make this go away. I was involved in the making of Sky channel movie on location at Mandarin Oriental. The fake story watching the true story. They were not Thai, just ordinary unappreciative criminals. I am surely not without sin. Nor am I any criminal.

[nithisa78]

It is pretty much a myth that you can buy your way out of trouble here

There is some truth to it but allot of mis understanding

In this country it is very difficult to understand and very easy to make wrong assumptions

I know when a thai murders a thai the families settle win cash compensation

This is not corruption as normally the family of the deceased has to agree

When a family member is lost for good

It is easy for people to say I don't want money I just want then to go to jail

But from a real point of view for example a farther of 2 gets murdered leaving a single mother to bring up 2 kids

How is the killer going to jail going to help her. In the west we take this as justice but here it is an injustice the main money provider from the family has been taken the killer is in jail and now he mother is fighting the poverty barrier plus murder sometimes is not straight forward

We have to stop saying things like back in England or back in American we would do this and we would do that

We are not there we are here

So we have to also remember when someone has had something done wrong to them and justice has not be delt with then allot of people do decide to become judge jury and executioner

Sent from my iPhone using ThaiVisa app

We have to stop saying things like back in England or back in American we would do this and we would do that

We are not there we are here.

[soihok]

Not the Lawyer Big C , it was me.

The money was never returned by the police / court and kept him out for 8 months until he eventually was sent to jail- his sentence has been reduced by 1.5 years (about).

[hanno]

I believe in most real democracies (and I do not include Thailand in this list) one is innocent until proven guilty. However, I also believe in very few countries one is actually read one's rights. That is confined to, perhaps, the USA and cop shows on TV.

[MAJIC]

It is pretty much a myth that you can buy your way out of trouble here

There is some truth to it but allot of mis understanding

In this country it is very difficult to understand and very easy to make wrong assumptions

I know when a thai murders a thai the families settle win cash compensation

This is not corruption as normally the family of the deceased has to agree

When a family member is lost for good

It is easy for people to say I don't want money I just want then to go to jail

But from a real point of view for example a farther of 2 gets murdered leaving a single mother to bring up 2 kids

How is the killer going to jail going to help her. In the west we take this as justice but here it is an injustice the main money provider from the family has been taken the killer is in jail and now he mother is fighting the poverty barrier plus murder sometimes is not straight forward

We have to stop saying things like back in England or back in American we would do this and we would do that

We are not there we are here

So we have to also remember when someone has had something done wrong to them and justice has not be delt with then allot of people do decide to become judge jury and executioner

Sent from my iPhone using ThaiVisa app

Yes of course it would be hard to dispute that having lost her husband and having 2 children to bring up,the Mother would choose the practical way,and take the positive way of accepting compensation money to ensure the childrens upbringing,so that their suffering does not continue,in to poverty.

Unfortunately,Justice and Survival,do not always mix. I'm sure the Lady would have loved to have made a different decision,but for the sake of her children,in this instance,she would be making the ultimate correct one!

[Cylon]

If they take you to the police station, and they bring in the press, have Thais standing around , pointing at you, YOUR DOOMED

Edited February 25, 2014 by Cylon

[Colabamumbai]

I think the only right you have is to remain silent.

[shaurene]

People have no rights so waste of time reading any.

[BigC]

Not the Lawyer Big C , it was me.

The money was never returned by the police / court and kept him out for 8 months until he eventually was sent to jail- his sentence has been reduced by 1.5 years (about).

Bloody hell

They should have given you the bail

Money back

Let me guess the money for lost in the court system and you had to go on a waiting list

Sent from my iPhone using ThaiVisa app

[BigC]

For me I have told my misses if ever I am murder then take the killer for every last baht they have

Let him pay for my family and he can be happy that he shall have to live off peanuts and be looking over his shoulders for the rest of his life in case of some act of vengeance by any of his victims

It is pretty much a myth that you can buy your way out of trouble here

There is some truth to it but allot of mis understanding

In this country it is very difficult to understand and very easy to make wrong assumptions

I know when a thai murders a thai the families settle win cash compensation

This is not corruption as normally the family of the deceased has to agree

When a family member is lost for good

It is easy for people to say I don't want money I just want then to go to jail

But from a real point of view for example a farther of 2 gets murdered leaving a single mother to bring up 2 kids

How is the killer going to jail going to help her. In the west we take this as justice but here it is an injustice the main money provider from the family has been taken the killer is in jail and now he mother is fighting the poverty barrier plus murder sometimes is not straight forward

We have to stop saying things like back in England or back in American we would do this and we would do that

We are not there we are here

So we have to also remember when someone has had something done wrong to them and justice has not be delt with then allot of people do decide to become judge jury and executioner

Sent from my iPhone using ThaiVisa app

Yes of course it would be hard to dispute that having lost her husband and having 2 children to bring up,the Mother would choose the practical way,and take the positive way of accepting compensation money to ensure the childrens upbringing,so that their suffering does not continue,in to poverty.

Unfortunately,Justice and Survival,do not always mix. I'm sure the Lady would have loved to have made a different decision,but for the sake ofher children,in this instance,she would be making the ultimate correct one!

Sent from my iPhone using ThaiVisa app

[robsamui]

What an stunning gush of twaddle has been written here in reply to the OP's questions!

This topic has to be a record breaker! Amazing! And quickly drifting off subject into all sorts of directions.

Thank you all those contributors with interesting tales about what happened to their Thai family up north.

And gotta chuckle at those armchair pundits who banged on about "being read his rights".

(And with apologies to those who were able to offer meaningful information.)

He asked . . . "what is the process if I get arrested on Samui?" And out of all the responses, nobody seems to have answered that.

My reply is simply - "I'm not exactly sure." In the time that I've been on Samui I've ended up being hauled off to various police station on quite a few occasions over the years. And I have no idea if I was 'arrested' or not. As far as I have been able to work it out, being forcibly taken to the police station with no choice in the matter appears to be the Thailand/Samui version of 'being arrested'. There is nothing I can relate this process to in England - because the system here doesn't relate to anything in England. The police here don't have the same function as police in Europe or the US.

In each instance I was questioned (in English) and I replied. And then eventually I was presented with my 'statement' - a document written entirely in Thai - and asked to sign it. At which point I was then told how much money I would have to pay to the aggrieved party and negotiations began. I can only assume that if I had refused to pay then I would have been detained longer. Or/and - as once happened to an acquaintance of mine - after a day or so the police would have gone to my house and removed my personal property to compensate the victim.

I'm aware that these were not 'crimes against the state'. Each of the instances I've been involved with involved a Thai person going to the police with a complaint about me, and the subsequent settlement of this. I can only assume that I was 'arrested' . . . On one occasion I refused to sign anything until I had spoken to my lawyer in Bangkok (!) and was politely placed in a single cell by myself for a short while. But I am pretty certain that if I had thrown a bomb at a government building, been caught with a ton of drugs or shot someone, I would have been detained for a very much longer period of time.

I think that the process would be much the same - although I might be wrong here. In answer to Big C (the OP), firstly you would be taken to a police station and restrained if necessary. You would be questioned and expected to sign a statement. You would be held in a cell if you refused to answer questions or sign a statement. I would make a guess that you would need to bring in your own paid-for legal representative as soon as possible. And from this point on what happened would depend on the nature of your crime.

Do, for example, drug pushers who have been caught red-handed go to a court and appear in front of a judge? I don't know, but I would think not. Their statement and the evidence of the police is enough and they are jailed. The Thai legal system takes years to grind into operation and so during any further 'investigations', you would remain in jail. I have a friend who was suspected of being involved with a group of people doing shady land deals. He was 'arrested' and sat in jail for 10 months before being released due to a lack of evidence against him - and he was lawyered-up from day one.

Like several people have already pointed out - in this country you are guilty until you are found to be innocent.

R

[PoorSucker]

You have the right to be photographed with at least five senior policemen.

You have the right to be photographed with the accuser pointing a finger at you.

All of these photos will be published with your name, age and nationality together with your passport and will never be forgotten on the internet.

[BusyBee123]

_{further to the arrest what's the breakfast arrangements after a night in the cells? In the UK it tends to be egg and beans on toast with a brew in a plastic cup.}

[Gonsalviz]

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

US is the same in many places.

[BigC]

Thanks for getting straight to the point

From my experience here in samui

If pulled over and pulled aside I would try to say as little as possible

Normally they let you use your phone whilst they are talking to you so in that time I shall call someone to call a lawyer for me

Sometimes local lawyers can help as they know the police, judges extra

Then if they move me from a sub station to he main station in Nathong or Chaweng then I shall defiantly want to know what I have been charged with.

If I can clear then I shall straight away

If not then I shall arrange bail and start to look at what is going on and try to prevent the case from going to court

It can be difficult because normally when they arrest you they ask you to sign something pretty much straight away and tell to it is in your interest

Or say sign or we go to the main station

Always a problem if you don't know what you are signing

Don't know if it would help but I might write in English on the paper of I have no choice

" I am about to sign this document but I have not clue what it says as I cannot read thai"

What an stunning gush of twaddle has been written here in reply to the OP's questions!

This topic has to be a record breaker! Amazing! And quickly drifting off subject into all sorts of directions.

Thank you all those contributors with interesting tales about what happened to their Thai family up north.

And gotta chuckle at those armchair pundits who banged on about "being read his rights".

(And with apologies to those who were able to offer meaningful information.)

He asked . . . "what is the process if I get arrested on Samui?" And out of all the responses, nobody seems to have answered that.

My reply is simply - "I'm not exactly sure." In the time that I've been on Samui I've ended up being hauled off to various police station on quite a few occasions over the years. And I have no idea if I was 'arrested' or not. As far as I have been able to work it out, being forcibly taken to the police station with no choice in the matter appears to be the Thailand/Samui version of 'being arrested'. There is nothing I can relate this process to in England - because the system here doesn't relate to anything in England. The police here don't have the same function as police in Europe or the US.

In each instance I was questioned (in English) and I replied. And then eventually I was presented with my 'statement' - a document written entirely in Thai - and asked to sign it. At which point I was then told how much money I would have to pay to the aggrieved party and negotiations began. I can only assume that if I had refused to pay then I would have been detained longer. Or/and - as once happened to an acquaintance of mine - after a day or so the police would have gone to my house and removed my personal property to compensate the victim.

I'm aware that these were not 'crimes against the state'. Each of the instances I've been involved with involved a Thai person going to the police with a complaint about me, and the subsequent settlement of this. I can only assume that I was 'arrested' . . . On one occasion I refused to sign anything until I had spoken to my lawyer in Bangkok (!) and was politely placed in a single cell by myself for a short while. But I am pretty certain that if I had thrown a bomb at a government building, been caught with a ton of drugs or shot someone, I would have been detained for a very much longer period of time.

I think that the process would be much the same - although I might be wrong here. In answer to Big C (the OP), firstly you would be taken to a police station and restrained if necessary. You would be questioned and expected to sign a statement. You would be held in a cell if you refused to answer questions or sign a statement. I would make a guess that you would need to bring in your own paid-for legal representative as soon as possible. And from this point on what happened would depend on the nature of your crime.

Do, for example, drug pushers who have been caught red-handed go to a court and appear in front of a judge? I don't know, but I would think not. Their statement and the evidence of the police is enough and they are jailed. The Thai legal system takes years to grind into operation and so during any further 'investigations', you would remain in jail. I have a friend who was suspected of being involved with a group of people doing shady land deals. He was 'arrested' and sat in jail for 10 months before being released due to a lack of evidence against him - and he was lawyered-up from day one.

Like several people have already pointed out - in this country you are guilty until you are found to be innocent.

R

Sent from my iPhone using ThaiVisa app

[thailandbeachisland]

What an stunning gush of twaddle has been written here in reply to the OP's questions!

This topic has to be a record breaker! Amazing! And quickly drifting off subject into all sorts of directions.

Thank you all those contributors with interesting tales about what happened to their Thai family up north.

And gotta chuckle at those armchair pundits who banged on about "being read his rights".

(And with apologies to those who were able to offer meaningful information.)

He asked . . . "what is the process if I get arrested on Samui?" And out of all the responses, nobody seems to have answered that.

My reply is simply - "I'm not exactly sure." In the time that I've been on Samui I've ended up being hauled off to various police station on quite a few occasions over the years. And I have no idea if I was 'arrested' or not. As far as I have been able to work it out, being forcibly taken to the police station with no choice in the matter appears to be the Thailand/Samui version of 'being arrested'. There is nothing I can relate this process to in England - because the system here doesn't relate to anything in England. The police here don't have the same function as police in Europe or the US.

In each instance I was questioned (in English) and I replied. And then eventually I was presented with my 'statement' - a document written entirely in Thai - and asked to sign it. At which point I was then told how much money I would have to pay to the aggrieved party and negotiations began. I can only assume that if I had refused to pay then I would have been detained longer. Or/and - as once happened to an acquaintance of mine - after a day or so the police would have gone to my house and removed my personal property to compensate the victim.

I'm aware that these were not 'crimes against the state'. Each of the instances I've been involved with involved a Thai person going to the police with a complaint about me, and the subsequent settlement of this. I can only assume that I was 'arrested' . . . On one occasion I refused to sign anything until I had spoken to my lawyer in Bangkok (!) and was politely placed in a single cell by myself for a short while. But I am pretty certain that if I had thrown a bomb at a government building, been caught with a ton of drugs or shot someone, I would have been detained for a very much longer period of time.

I think that the process would be much the same - although I might be wrong here. In answer to Big C (the OP), firstly you would be taken to a police station and restrained if necessary. You would be questioned and expected to sign a statement. You would be held in a cell if you refused to answer questions or sign a statement. I would make a guess that you would need to bring in your own paid-for legal representative as soon as possible. And from this point on what happened would depend on the nature of your crime.

Do, for example, drug pushers who have been caught red-handed go to a court and appear in front of a judge? I don't know, but I would think not. Their statement and the evidence of the police is enough and they are jailed. The Thai legal system takes years to grind into operation and so during any further 'investigations', you would remain in jail. I have a friend who was suspected of being involved with a group of people doing shady land deals. He was 'arrested' and sat in jail for 10 months before being released due to a lack of evidence against him - and he was lawyered-up from day one.

Like several people have already pointed out - in this country you are guilty until you are found to be innocent.

R

If you really go so often to a police station don't you think that you should change something in your life ?

People are weird ! I know real gangsters who have never been and will certainly never visit any police station !

[thailandbeachisland]

I believe in most real democracies (and I do not include Thailand in this list) one is innocent until proven guilty. However, I also believe in very few countries one is actually read one's rights. That is confined to, perhaps, the USA and cop shows on TV.

Exactly ! Good to find someone who knows what he is talking about !

[thailandbeachisland]

I'm pretty sure from reading these comments that very few of you have actually been to a Thai Police Station or had any real dealing with the Police.

I've been to Police stations in Bangkok on at least 6 occasions. At Lumpini Police Station there was always a Farang officer who was very friendly and helpful.

At the other Police stations there was always an officer who spoke enough English and was able to help with whatever the problem was.

They took a friend of mine into custody (he had a mental breakdown and stripped off on the BTS!), they were very decent to him and only held him (admittedly in the cells) until I arrived.

They insisted I take him, there was no fee to pay... just here he is please look after him. The second time it happened they called the British Embassy and eventually he was repatriated back to the UK on medical grounds.

I also had a friend murdered a couple of years ago. The Police identified the culprits and got them within days. The whole process was very good.

Most things I read seem to imply that the Police are either Keystone Cops or some form of lawless money grubbing Mafia. My hands on experience has been that although they don't look as nice and shiny as Police in HK or Singapore (where I also have experience with law enforcement) and although they don't get very well paid, the Thai Police do take their jobs seriously.

Yes they take their jobs seriously asking 100 thb to everybody they stop on the road side...

Sorry but you are a little too much convinced by your own ideas.

[Tropicalevo]

I believe in most real democracies (and I do not include Thailand in this list) one is innocent until proven guilty. However, I also believe in very few countries one is actually read one's rights. That is confined to, perhaps, the USA and cop shows on TV.

Exactly ! Good to find someone who knows what he is talking about !

Umm - sorry, not true.

I had an off-shore bank account. (I was living overseas. It was set up legally by my UK bank as I did not have to pay UK tax.)

Some arzole in the USA found out about it - and there was a connection to a 'person of interest' in their minds. So ALL of my bank accounts (off shore and UK) were frozen until I could prove my innocence.

NO ONE read me my rights! and I did prove my innocence - but it took me six months. You try living for six months with all of your bank accounts frozen.

In this particular case - I was guilty until I could prove my innocence - in the USA!

Oh - so many bar stool experts.