What to do After Being Arrested in Thailand

Getting arrested in Thailand is a frightening and stressful experience, but if you keep calm and know what to do, you can make things much easier for yourself. In this article, we will go through the key steps you should take after being arrested in Thailand, and help you deal with the legal process effectively. We’ll explore your rights, how to act, and how to prepare for the larger legal process so you can ensure the best possible outcome. 

Your Rights and What to Expect When Arrested in Thailand

When you get arrested in Thailand, this is generally how it will happen:

• The police will inform you that you are being arrested.
• They will explain the reason for your arrest.
• They are allowed to search you and hold any items as evidence.

As a foreigner being arrested in Thailand, you still retain your rights while being held under police custody. Politely ask the police officer for their badge number, and if you suspect your rights have been violated, keep detailed records if possible, including witness testimony. Your rights in Thailand include:

• You can choose to confess or not, but you have the right to a lawyer before confessing.
• You have the right to remain silent.
• You have the right to notify a family member or a lawyer of your arrest.
• You have the right to an interpreter if you do not speak Thai.

After you are arrested for a crime in Thailand, the inspector or officer on duty can detain you for up to 48 hours from the time you arrive at the police station. If the investigation cannot be completed within that time frame, the law requires you to be remanded to court custody. The detention period allowed by law depends on the penalty prescribed for the offense charged.

Contact your local consulate or embassy as quickly as possible after you’ve been arrested. The consulate can't get you out of jail, but will inform your family and friends of your situation. They will also provide information on the criminal process and a list of local English-speaking criminal attorneys in Thailand. 

Do Not Sign Thai Paperwork or Answer Questions Without a Lawyer

Don’t sign any papers without your lawyer present. This is especially important for papers in a language you don't understand. Police often ask you to sign reports or charge sheets. Always wait for your lawyer before signing anything. If you can't read or write Thai, you won't know what you're signing, which could cause more problems with your case.

Also, don’t answer any questions or disclose any information related to your case until your lawyer arrives. As in many other countries, you have the right to remain silent, as anything you say at any point after being arrested can be used against you in court.

Can Foreigners Get Bail in Thailand? 

If you are arrested, you can usually post bail in Thailand, but this depends on the nature of your offense, and you will need to provide the bail money yourself. Bail fees in Thailand vary depending on the type of crime committed.

For minor offenses, bail can be paid at the police station right after the arrest. For more serious offenses, bail is paid after your first court appearance, which could be after 12 days of holding. Once bail is paid, the court typically holds your passport until your next court date, which might be in 6 to 8 weeks.

You must submit your passport or a certified copy with the bail application, and the passport is usually kept as a guarantee. If bail is granted, the court will notify the Immigration Bureau that you must remain in the country unless the court grants permission otherwise. While on bail, you can reside and travel anywhere in Thailand, but you must appear in court on the appointed date.

Can a Foreigner Get a Plea Deal in Thailand?

The Thai legal system does not provide for plea-bargaining in the way that many countries in the West do. However, instead of pleading to lesser charges to lighten your sentence, you can still confess and plead guilty right away. While there is a good chance of reducing the punishment for the offense you’ve committed, keep in mind that there is no jury system in Thailand; the judge has the final say on the verdict and sentencing. So, while most judges will hand down lighter sentences to criminals who show contrition, there is no guarantee.

Get a Lawyer 

Getting a lawyer as quickly as possible is vital when you're arrested in Thailand. Without a lawyer, you may encounter language barriers, misunderstandings, and procedural errors that could worsen your situation. This may lead to severe consequences including long jail sentences and hefty fines. 

The Thai legal system is difficult to navigate as a foreigner, and nearly impossible alone, but skilled Thai criminal defense lawyers can protect your rights, offer necessary guidance, and potentially reduce your charges or penalties. Attempting to defend yourself or relying on inexperienced lawyers can lead to irreversible damage to your case and future. Don't risk your freedom — contact an expert now.