Arrest in Thailand
There are a number of crimes which make the daily newspapers when it comes to foreigners and crimes. There are normally visa overstay, assault and from time to time kidnapping and damage to property. If you are arrested in Thailand, you will need to ensure that you have a criminal lawyer in Thailand for assistance.
If you committed a crime and are in hiding the police will review the crime scene and they might find you face on a CCTV camera clip. They will now obtain an arrest warrant for you from the courts. The same goes if they need to question you as someone has implicated you in the crime. The arrest warrant can be a “John Doe” warrant as they will not have your personal details. If you are at the scene of the crime, then an arrest warrant is not needed and you will be arrested on the spot for the crime.
Once arrested you have the right to remain silent. See your legal rights when arrested on this website. You have the right to an attorney and you also have the right to have an attorney present during questioning. Do not make any statements when arrested as this may be used against you in court. Always ensure that you have a criminal lawyer when you are arrested. The police will hold you over for your court appearance. You will need to speak to an attorney about pleading guilty or defending the case. Once you have been before court the court will then remand you to a local prison and you will wait there until the police are finished with their investigation. See how long they can hold you on this website about detention in Thailand.
You have the following rights once arrested:
- · You have the right to meet and consult with an attorney in private;
- · You have the right to an attorney during the interrogation at the investigation stage;
- · You have the right to receive reasonable visits from relatives;
- · You have the right to receive medical treatment when ill; and
- · You have the right to remain silent.
You can also see the full scale of these rights on the page, your legal rights in Thailand which is also on this website. Note that amongst other rights you have the right to a fair trial, the right to examine all the evidence and also the right to speak to an attorney in private. You also have the right to see the prosecution file before trial and of preliminary examination of the case.
Note that being arrested for assault in Thailand, kidnapping or damage to property it is not going to be the same as being arrested for overstaying your visa which has a different criminal process. You can see the two both listed on this website as the one involves a trial whereas the other is simply a fine, banning from Thailand and deportation as your own expense.
Always speak to a lawyer in Thailand when arrested and remain silent until such time that you have legal counsel to defend you in the matter.
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