On Max Overstay, No Passport, Law Troubles

[dr skok]

Hi all

A mate of mine is in some deep trouble.

A couple of years back he was caught smoking a joint and was incarcerated for a month or so. After that the police just let him go and kept his passport, which they subsequently lost. He managed to get a new passport but without stamps of course. Now (due to reasons I can't get into) Immigration has his passport, he is on overstay with a history of drug offenses.

We have been informed that if he turns himself in he will be locked up, but only until his ticket home is bought and the 20k overstay fine is payed, then they'll let him be on his way.

I would be grateful if anyone could shed some light on the situation, we don't want to go into immigration with a ticket and 20k, only to have him locked up indefinitely and not get home.

[ubonjoe]

If immigration did not have his passport and he has no legal problems he could just pay the 20k baht fine at the airport on the way out of the country.

Unless he has other legal problems if he turned himself in he would not be in detention any longer than it takes for him to make a court appearance, pay a reduced fine, and then be escorted to the airport for his departure.

[Mario2008]

What happens depends if he has his passport now with him or not.

If he has his passport he simply goes to the airport and leaves the country after paying 20,000 baht. If he doesn't have his passport he need to go to an immigration office, where he will be detained till he has his passport and then he can leave the country after paying 20,000 baht and having a ticket to his home country. He might need to pay some extra money for the police escort to the airplane.

Now if the police kept his passport because he was to appear in court on a late day and he subsequently didn't it might be another story.

[brucegoniners]

Uh, just a crazy random thought, but has he thought about discussing this with a criminal attorney?

I'm sure everyone here means well, but if it was me, I'd want very sound legal advice.

[lust]

So the police lost his passport, then he he got a new one, and now the police have the new one? Sounds like he ran from the police after they asked for his passport.

[Ianatlarge]

Find a 'good' lawyer, or head to Cambo, 'overland'—the special route.

Good luck, to your friend.

[globalmedia8]

so much bad advice in one post aapart from some of the initial posters.

it sounds;ilke he is on an overstay, i was in a similar situation recently and if he has a passport it really is just a case of heading to airport paying fine and getting out of here.

I was also told to go to CW which I did and it was pretty much a wasted trip, last guy there 3 ladies laughing that I was on 4 yr overstay- they just told me to go to airport and pay 20k

[stevenl]

so much bad advice in one post aapart from some of the initial posters.

it sounds;ilke he is on an overstay, i was in a similar situation recently and if he has a passport it really is just a case of heading to airport paying fine and getting out of here.

I was also told to go to CW which I did and it was pretty much a wasted trip, last guy there 3 ladies laughing that I was on 4 yr overstay- they just told me to go to airport and pay 20k

Yes, if on overstay and in possession of passport that would be the way to go.

However, I really get the impression that the police held on to his passport because of court obligations, so I doubt it is going to be as easy as that option sounds.

Edited December 10, 2014 by stevenl

[brianp0803]

Best advice is get legal advice.

But curious since you posted.

Why did the police let him out? Did he serve the required time for his offense?

Did the police forget to return his passport, say they lost it, or kept it intentionally?

The reason immigration has his new passport is very relevant. Are they trying to prevent him from leaving?

If he served his jail term for his crime then I think nobody would give him problems leaving Thailand.

Smoking a joint sounds like a small crime but maybe all drug offenses are treated the same.

If the plan is to lock him up until his flight home, then no reason they should stop him leaving. Why take his passport?

Are important details missing?

[jspill]

so much bad advice in one post aapart from some of the initial posters.

it sounds;ilke he is on an overstay, i was in a similar situation recently and if he has a passport it really is just a case of heading to airport paying fine and getting out of here.

I was also told to go to CW which I did and it was pretty much a wasted trip, last guy there 3 ladies laughing that I was on 4 yr overstay- they just told me to go to airport and pay 20k

That would be what to do if he had a passport, yeah.

Without his passport he needs to head to immigration, ideally the one that has his passport.

There was another thread on here where a member on overstay booked a nighttime flight to his home country, turned himself in to immigration ticket in hand first thing in the morning, was detained, court process over and done with during the day, then he was escorted to the airport in time. Say, a midnight or 1am flight.

This is the thread. He had done it that way several times (incorrect since he had his passport, but would be correct for OP). http://www.thaivisa.com/forum/topic/774560-how-does-a-png-blacklist-stamp-look-like-blacklisted-or-not/

[alanrchase]

How can you expect any decent advice if you do not wish to go into the reason for immigration to be holding his passport?

[cherrylee2512]

is he out on bail with pending criminal charges? if so you need to get permission from the court to temporarily leave the country.

if the police or court have a passport there is no need to pay overstay in all cases as you are not allowed to leave the country, the police would just write a letter to immigration and they would give 7 days to leave.

if your friend has got on the wrong side of the immigration in a specific place and has no outstanding criminal charges i suggest reporting the passport stolen to a police station wheb he has never been, this can be used as id to travel, and then getting another passport and a letter from embassy to transfer the old visa to new passport, then proceed to immigration other than where you normally stay, pay fine and leave.

did he go to court? there is more to the story if he was in prison for a month they can only keep you 3 days unless you had charges pressed? i think maybe speak to the embassy to help also.

[Mario2008]

Some post removed for being off-topic.

A question was asked and negative comments are not helpful and only make the forum a negative place to ask questions.

[cherrylee2512]

if someone is waiting to appear in court you can get permission to leave the country they give you 2 weeks but you have to have valid reasons you would need to speak to your lawyer

[ldiablo]

I am wondering how anyone can really give you any sound advice based on your statement of "Now (due to reasons I can't get into) immigration has his passport". Maybe if we knew the reasons that you can't get into you may be able to get some sound advice otherwise any advice given would not be very helpful simply because we don't know all the facts.

Edited December 10, 2014 by ldiablo

[nithisa78]

I have colleague and friend, from UK. I'm sure he could help you.

Having posted his name here before and getting flagged. If you contact me, I'll get you his information. Good luck to your friend.

[RJJ]

Uh, just a crazy random thought, but has he thought about discussing this with a criminal attorney?

I'm sure everyone here means well, but if it was me, I'd want very sound legal advice.

Remember,

Free legal advice is worth what you pay for it.

Seek a professional immediately.

[nithisa78]

Best advice is get legal advice.

But curious since you posted.

Why did the police let him out? Did he serve the required time for his offense?

Did the police forget to return his passport, say they lost it, or kept it intentionally?

The reason immigration has his new passport is very relevant. Are they trying to prevent him from leaving?

If he served his jail term for his crime then I think nobody would give him problems leaving Thailand.

Smoking a joint sounds like a small crime but maybe all drug offenses are treated the same.

If the plan is to lock him up until his flight home, then no reason they should stop him leaving. Why take his passport?

Are important details missing?

There is much more going on here than smoking a joint.

[brianp0803]

In America, smoking a little pot is just a fine(but a criminal record).

Intent to distribute is completely different.

Does your friend have the money to hire legal advise to reduce the risk of spending time in a Thai prison again?

Are you looking for how to escape or your best legal options?

Do you have the complete story?

I know nothing about Thai law but applying my standard of logic.

It is unlikely you will get reliable legal advice here.

Can Thailand be this strict on pot?

The facts presented, I would think a small amount of money would fix the problem.

[brianp0803]

read first paragraph " a history of drug offences" why do you people even bother to reply, Oh, this is Thailand is it not ??

If the statement is truly a history of drug offenses, then this is not an isolated event.

Was he on probation from other drug related offenses and arrested again (while on probation) for even a minor offense?

I initially thought you were concerned about a single smoking pot drug related offense. Not offenses. I didn't read careful and assumed a single event.

I still think relevant how they got his new passport.

Does he have multiple arrests for drugs? More serious charges?

Interesting if multiple offenses, he was released after a few months as the OP stated.

As stated before, we don't have all the relevant facts.

I think we have a desperate cry for help from a person seriously screwed.

Get legal advice. I hope he is not broke.

[greenchair]

Since he is already on overstay,why not make a new application over the internet for a new passport. Wait 2 weeks. New passport comes. Go to airport pay fine and leave.

[RickFarang]

Why doesn't he go to his home country's consulate and get a new passport so he can leave?

(Ignoring the irrelevant questions about who has his current passport and why.)

[Narinukun]

Hi

Your friend is in urgent need of consular help.

You are correct, that Immigration and the Royal Thai Police can at times be ambiguous and ambivalent about how these issues potentially will affect a foreigner.

Make no mistake about it, you friend is in trouble. At the very least they will not allow him back in Thailand and at the worst he could end up in a Thai prison.

Because the 'interpretations' of regulations differ from Immigration office to Immigration office, I suggest you immediately contact your friend's country of origin Embassy and ask for intervention and representation.

Please do not rely on the hearsay of one or more individuals.

Make sure your friend and yourself get as much information as possible from Immigration about the process (see the officers down at the main office at Immigration Division 1, Chaeng Wattana), so you are fully informed of any potential contingencies that may arise from his current situation.

But first, go and talk to his Embassy's officials and see what they can do on his behalf.

Good luck with this...

[bkkcanuck8]

Assuming this is a serious post - it does sound like he has reported his passport lost and received a new one from the embassy? Going to the airport with a new passport having the same name and date of birth while being detained in Thailand will (a guess really) only get him in further trouble with authorities once they bring information linked to his current passport.... then not only is he being kept in Thailand - it would look like he is a further flight risk....

I would have thought that if he was caught and served time that they would have escorted him to the airport on release and deported and blacklisted him. If he did not have a passport they would not have released him from custody. Which is why I get a little suspicious of the way you present the information above.

There seems to be contradictory storylines in the OP.

[siampolee]

Surely there would be some issues raised as to why there was or is no arrival card(s) in the papers presented and of course the abscence of any visa stamps in the passport might well arouse further suspicion as to the ability or perhaps even the right of the person involved to actually leave Thailand..

The whole issue seems a tad fishy to me.

Try this one below.

[brianp0803]

Brand new account and 1st post.

Has he logged on after posting his initial post?

[paz]

Brand new account and 1st post.

Has he logged on after posting his initial post?

It's normal to post a question on 1st post. The forum comes 1st on internet searches.

[steven100]

I believe there's more to this story than being told. How can sound advice be given if the judges only receive half the facts. ?

Why was his original passport not provided by the police ?

Has your 'mate' been convicted of a more serious crime ?

You say he has a passport but no stamps ? Why was it not stamped ?

Story sounds vague to me .....

Edited December 10, 2014 by steven100

[Mario2008]

2 further posts removed. Including one giving illegal advise.

[paddyjenkins]

Uh, just a crazy random thought, but has he thought about discussing this with a criminal attorney?

I'm sure everyone here means well, but if it was me, I'd want very sound legal advice.

Before writing this post did it even occur to you that he probably has discussed this with a criminal attorney but the attorney may have said he wasn't sure of the answer and so suggested consulting the Thaivisa forum? Well, did you even think for second about this possibility?