I had some trouble with the police six months ago, arrested and released on bail with my passport held by the police, Last week I was luckily given a 1 year suspended sentence with community service, and got my passport back.

But during the court case, my visa expired. So I'm now on an overstay by three full months with the max 20k fine facing me.

I'm not sure how to get it fixed. I don't want to continue overstaying and risk being deported at any time, especially because technically it counts as a crime and could break my suspended sentence.

But if I just turn up to the immigration office, it sounds like I would get fined and deported? And if there is a blacklist then it will be impossible for me to meet the conditions of the sentence (complete community service and report to the probation office every 2 months).

I could leave and come back to get a fresh visa, but with the new crackdown on overstayers again, im not sure if im allowed back in.

Anyone know how the immigration police deal with this? It seems like it's impossible to both complete the terms of my sentence by the court, and stay legally in the country.

I asked my lawyer but he just deals with criminal law, no idea about the immigration law and police.

Edited February 18, 201610 yr by razorramone

You can leave from an airport and pay the 20K baht fine and return after getting a tourist visa in a nearby country. The new overstay rules do not start until March 20th.

The only problem you might have is if you are on a list for those that cannot leave the country or have been blacklisted for your conviction.

FYI, for you and others under court proceedings, there is a provision in the Immigration Act for extensions of time, Permit to Stay:

7.25 In case of entering for any

juridical proceedings or

judiciary.

Each time of permission

shall be granted for a

period not exceeding 90

days.

(1) Have evidence affirming the

relation to the juridical

proceedings or judiciary such as

being the accuser, sufferer,

accused, plaintiff, defendant or

witness etc.

1. Application form

2. Copy of the applicant’s passport

3. Certified letter issued by the inquiry

official who is in charge of the case

or any document showing that the

applicant is related to the juridical

proceedings or judiciary

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Too bad your lawyer didn't ask someone at the court about this.

Mac

You can leave from an airport and pay the 20K baht fine and return after getting a tourist visa in a nearby country. The new overstay rules do not start until March 20th.

The only problem you might have is if you are on a list for those that cannot leave the country or have been blacklisted for your conviction.

Oh thats good, I thought the rules were in effect already.

Yes I heard I may be blacklisted, it would be odd if I wasnt allowed back into the country and therefore broke the probation terms.

You can leave from an airport and pay the 20K baht fine and return after getting a tourist visa in a nearby country. The new overstay rules do not start until March 20th.

The only problem you might have is if you are on a list for those that cannot leave the country or have been blacklisted for your conviction.

Oh thats good, I thought the rules were in effect already.

Yes I heard I may be blacklisted, it would be odd if I wasnt allowed back into the country and therefore broke the probation terms.

Be aware that your conviction may have resulted in a "STOP" notice being issued which would prevent your leaving until the sentence has been completed.

go to your lawyer and let him arrange the thing.

what he tell you is just the easy way out for him.

they all know visa and how to arrange thing for you.

You should have got a document from the court stating about the case, passport etc, for you to show to immigration.

After my case i was on 12 months probation, clerk at the court gave my a document to show immigration.

Which i did on leaving at swampy. Gave them document, they fingerprinted me took my photo, stamped my passport, everything ok.

Flew back to Thailand 9 months later, no problems whatsoever.

You should have got a document from the court stating about the case, passport etc, for you to show to immigration.

After my case i was on 12 months probation, clerk at the court gave my a document to show immigration.

Which i did on leaving at swampy. Gave them document, they fingerprinted me took my photo, stamped my passport, everything ok.

Flew back to Thailand 9 months later, no problems whatsoever.

Did you have to pay an overstay fine before you left? How much?

Edited February 19, 201610 yr by 4evermaat

You should have got a document from the court stating about the case, passport etc, for you to show to immigration.

After my case i was on 12 months probation, clerk at the court gave my a document to show immigration.

Which i did on leaving at swampy. Gave them document, they fingerprinted me took my photo, stamped my passport, everything ok.

Flew back to Thailand 9 months later, no problems whatsoever.

Did you have to pay an overstay fine before you left? How much?

Overstay is calculated at 500 Bht/day with a maximum fine of 20,000Bht

Did you have to pay an overstay fine before you left? How much?

Overstay is calculated at 500 Bht/day with a maximum fine of 20,000Bht

I was asking if he actually had to pay a fine. His court paperwork may have exempted him

You should have got a document from the court stating about the case, passport etc, for you to show to immigration.

After my case i was on 12 months probation, clerk at the court gave my a document to show immigration.

Which i did on leaving at swampy. Gave them document, they fingerprinted me took my photo, stamped my passport, everything ok.

Flew back to Thailand 9 months later, no problems whatsoever.

Did you have to pay an overstay fine before you left? How much?

No overstay fine as i was kept in Thailand by the court.

When my friend was on bail he was not allowed to leave the country, Immigration have procedures in place to ensure your visa is valid. My friend had to visit immigration with his lawyer every three months. I also had to attend court to confirm that I was willing to continue providing the bail. If your lawyer didn't sort this with Immigration then you are probably on overstay.

During the period of time my friend was on bail there was a stop notice preventing him leaving the country.

When the court case was finished, and after he was fined, the Immigration department stepped in and arrested him.

He was taken to the Immigration Detention Centre in Bangkok but could not be deported until the stop notice had been removed.

He is on a blacklist for life.

I realize it's a side issue.....just made me think, in most countries if you are found guilty of an offence. Indeed one that has a sentence, all be it suspended. But requires community work. Why don't the thai just fine then and deport. Never return.

We all watch border control. A friend of mine (USA) can't get into Canada because they have a DYI. Fairly modest offense

I had a good friend in a similar, though likely much worse position a few years ago – in his instance, he was wrongly imprisoned and held 'on remand' at Klong Prem based on the false accusation of another person who subsequently fled Thailand. Why ‘the grass’ left LOS, I have no idea

So after 18 months in the Bangkok Hilton and with no progress by the DSI in producing sufficient evidence to proceed with the prosecution case, especially with the prime witness nowhere to be found, the judge took pity on my mate and threw the case out of court.

• However, immediately on being released from prison, Immigration arrested him at the prison gates for overstay (since of course he wasn't able to do visa runs while in jail, ‘Durrr’) Thankfully he was able to avoid a lengthy stay in the IDC hell hole and leave Thailand almost immediately. Though, even with all the paperwork and acquittal documents, he still had to pay the 20,000 Baht overstay fine on exit.

• He was advised by immigration that he would have to sue the police DSI for both the wrongful arrest and for the refund of the 20,000 Baht overstay fine incurred during his stay in the pokey.

He initially tried to sue DSI via his Bangkok lawyer, but did not have any luck. Their reason “Although we couldn’t put you in jail, we still think you are guilty – and so no refund”

I guess my mate could have persisted and took out a legal case against the DSI, however, knowing how vindictive the BIB can be (especially the high ranking types) and with so much loss of face caused to them already by the acquittal judgement,, he decided that discretion would be the better part of valor, and shortly afterwards took off for an extended holiday somewhere in South America while that and some other bad weather blew through his manor in LOS.

I think the lesson learned here, is that if it your intention to stay here long term here in LOS, then you should do everything in your power to stay off the BIB’s radar (especially the DSI Gestapo branch) and to arrange your whole existence in LOS (family life and business) such as to be an insignificant boring small fry in the big ocean, not worthy of their attention and otherwise lost in the background noise.

The ramifications of choosing the alternative route will bring visits from interested parties that one would choose with hindsight to not want sniffing around your life.

Edited February 19, 201610 yr by SteveB2

Sounds like your friend was incredibly unlucky. You use the term GRASS as the person handing him up. I realize this is los but what gives with people living here for years upon years and never being grassed up.

Sounds like there is no clear procedure.

In Colinneal's case, he got the same probation sentence as me and he had no problem leaving. No overstay fine - although was your visa expired?

Yet BWPattaya's friend is found guilty and fined, and immediately immigration police swoop in to arrest, fine and deport for overstay.

Both are the same situation: An overstay while in the court system, found guilty and released, but then immigration react in 2 completely opposite ways.

My lawyer asked immigration today, and got told I am not on overstay as I am being held by the courts and required to complete community service. I shouldnt have a problem if/when I leave. And hee strongly advised me NOT to go to immigration and ask for a visa extension, as it may put me on their radar.

Edited February 19, 201610 yr by razorramone

Again little off topic, but what community service do they want you to do.

Work permit included? Joke

You can leave from an airport and pay the 20K baht fine and return after getting a tourist visa in a nearby country. The new overstay rules do not start until March 20th.

The only problem you might have is if you are on a list for those that cannot leave the country or have been blacklisted for your conviction.

Yes, happened to someone I knew. Left the country not knowing he was blacklisted from a previous conviction and then on his return immigration arrested him. He spent a few days in IDC before he could get a flight back to his home country.

You can leave from an airport and pay the 20K baht fine and return after getting a tourist visa in a nearby country. The new overstay rules do not start until March 20th.

The only problem you might have is if you are on a list for those that cannot leave the country or have been blacklisted for your conviction.

Yes, happened to someone I knew. Left the country not knowing he was blacklisted from a previous conviction and then on his return immigration arrested him. He spent a few days in IDC before he could get a flight back to his home country.

Question :

I'm wondering, is there a way to check whether you're blacklisted or not ? It there an office / agency / court to whom you can ask, like you would ask to have a copy of your criminal records, or should you go through a lawyer ?

(don't need it, just thinking)

You can leave from an airport and pay the 20K baht fine and return after getting a tourist visa in a nearby country. The new overstay rules do not start until March 20th.

The only problem you might have is if you are on a list for those that cannot leave the country or have been blacklisted for your conviction.

Yes, happened to someone I knew. Left the country not knowing he was blacklisted from a previous conviction and then on his return immigration arrested him. He spent a few days in IDC before he could get a flight back to his home country.

Question :

I'm wondering, is there a way to check whether you're blacklisted or not ? It there an office / agency / court to whom you can ask, like you would ask to have a copy of your criminal records, or should you go through a lawyer ?

(don't need it, just thinking)

IIf you could get an immigration office to assist you they could check to see if you have been blacklisted. I know of a company that can do it for 2 or 3k baht that has contacts with immigration.

Can immigration pull you aside and by looking at their computers can see you have a previous conviction in Thailand and have overstayed your visa. Could they then put up some kind of alert so you get flagged up trying to re-enter? Although not previously blacklisted is it possible the immigration officer can stop you coming back?

I have a feeling this is what happened to my friend.