If you have been arrested in Thailand for any criminal offence, then you will need to find a criminal lawyer in Thailand that speaks good English as the legal process can become very complex and costly. You firstly need to remember your legal rights while in Thailand if you are arrested. These are listed below.
Arrested in Thailand
There are types of arrest in Thailand. If you are at the scene and still have the evidence on you then the police don’t need an arrest warrant to detain you. If, however the police suspect you of a crime they will summon you for an interrogation and will obtain an arrest warrant for you should they decide that there is enough evidence to convict you of the crime. The arrest warrant can also be a John Doe arrest where they have video footage of you committing a crime but do not know where you are or who you are.
Depending what you are arrested for the system will be different. If you are arrested for an overstayed Thai visa, then you will be arrested and sent to the IDC in Bangkok for your court appearance and detention until such time that you have an airline ticket to leave Thailand and pay the overstay fine.
If you are arrested for kidnapping or assault, then you will appear before court and you may also apply for bail. If you are a foreigner it is highly unlikely that you will obtain bail. You will then be remanded to a prison in the area where you had been arrested until your trial date.
You have certain rights when arrested:
- 1. They have to read you your rights and you will need to be able to understand these rights;
- 2. You have the right to an attorney;
- 3. You have the right to call for a lawyer or call a family member when arrested;
- 4. You have the right to remain silent;
- 5. You have the right to request that your Embassy is notified of your arrest;
- 6. You have the right to speak to your attorney in private.
When arrested in Thailand you are best advised to remain silent as any statement you make may be used against you in a court later. Note that when you are arrested you will need to provide certain documents such as your passport. It is illegal in Thailand not to have your passport on you at any given time. At times the police do accept a laminated copy of the front page and entry page from the passport. You will need to provide the following:
- 1. Your name and surname;
- 2. Your passport;
- 3. You will need to tell them where you live (which hotel);
- 4. They may also request other contact details of relatives or family members.
Always ensure that when you are arrest while in Thailand that you know who to call. It is always good to add certain telephone numbers to your mobile phone when you are visiting a country. Adding the telephone number or name of a lawyer is also a good idea when visiting a foreign country.
The information contained on our website is for general information purposes only and does not constitute legal advice. For further information, please contact us.