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Thailand Criminal Defense Legal Questions answered by Lawyers

Browse our 2 legal questions about Criminal Defense in Thailand and the lawyer answers, or ask your own questions for free.

I'm looking for a criminal lawyer to check about representative in a fraud case
Criminal Defense
I'm looking for a criminal lawyer to check about representative in a fraud case.
Lawyer answer by Eman Al Ali Advocates & Legal Consultant

Thank you for reaching out. I understand your concern regarding the fraud case, and this type of matter should be reviewed carefully to determine the correct legal position and the available options for representation. To guide you properly, I would...

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1 answer
I want a police clearing certificate
Criminal Defense Criminal Litigation
I have lived in thailand for 5 years now but i got to go back to scotland for short time, i wanted to apply for a security job in scotland but before i get issued my licience they want a police clearing certificate here,i understand i got to get a... Read more →
Lawyer answer by Thailand Bail

Hi Mark, yes, we can assist with this. Since it is May already and many holidays in May and June here in Thailand, it is best to hurry to prepare and apply. Regards, Arthit

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Thailand Criminal Defense Legal Articles

Browse our 3 legal articles about Criminal Defense in Thailand written by expert lawyers.

Defamation Laws in Thailand: Criminal Charges and Civil Suits
Defamation Criminal Litigation Criminal Defense Civil Litigation
In Thailand, defamation can lead to both criminal charges and civil lawsuits. If you're accused, you risk fines, jail time, or being ordered to pay compensation. If someone harms your reputation, you have the right to take legal action to defend yourself.This article explains what counts as defamation under Thai... Read more →
By SIAM LEGAL INTERNATIONAL
Thailand Strengthens Anti-Money Laundering Laws with New Amendments
Banking & Finance Criminal Defense Criminal Litigation
Thailand has taken an important step in the fight against financial crime. On the approval of two new legislative amendments aimed at strengthening its anti-money laundering (AML) laws. On February 25, 2025, the Thai cabinet, led by Prime Minister Paetongtarn Shinawatra, approved amendments of the Anti-Money Laundering Act. These new... Read more →
By Mahanakorn Partners Group Co., Ltd
What to do After Being Arrested in Thailand
Criminal Defense Criminal Litigation Lawsuits & Disputes Arrests & Searches
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... Read more →
By SIAM LEGAL INTERNATIONAL

1. About Criminal Defense Law in San Sai, Thailand

Criminal defense law in San Sai operates under the Thai legal framework, which includes the Penal Code (the body of substantive crimes) and the Code of Criminal Procedure (the rules for investigations, prosecutions, and trials). A defense lawyer in San Sai represents individuals accused of crimes and protects their rights throughout arrest, investigation, trial, and appeal. Practitioners in this area are commonly referred to as ทนายความ (lawyers) in Thai, with English terms such as attorney or defense counsel also used in cross boundary discussions.

San Sai falls within Chiang Mai Province, so cases may move through local police stations, the Office of the Public Prosecutor, and Chiang Mai provincial and district courts. The defense counsel’s duties include challenging unlawful evidence, ensuring procedural due process, and crafting a strategy aimed at the best possible outcome under Thai law. The right to counsel and the right to silence are recognized parts of due process in Thai criminal proceedings.

Thai law prioritizes timely access to legal counsel and fair treatment during police investigations and court proceedings.

Office of the Attorney General - oag.go.th

Because local practice can vary by district and by the specifics of the case, engaging a local San Sai or Chiang Mai defensa lawyer early is essential. A qualified defender helps interpret criminal statutes, navigate court procedures, and negotiate with prosecutors to protect your interests.

2. Why You May Need a Lawyer

Below are concrete scenarios where residents of San Sai typically seek Criminal Defense legal help. Each example reflects real world situations that can arise in this district and nearby areas of Chiang Mai Province.

  • You are detained by police in San Sai on suspicion of shoplifting at a local market and face initial questioning. An attorney can safeguard your rights, assess the evidence, and advise on whether to cooperate or exercise the right to remain silent.
  • You are charged with drug possession or trafficking under the Narcotics Act in Chiang Mai Province. A defense attorney can review search procedures, medical or forensic evidence, and potential penalties while exploring options such as bail or diversion.
  • You are accused of assault or a violent incident at a restaurant in San Sai. An attorney helps evaluate eyewitness testimony, CCTV footage, and possible defenses, and negotiates with prosecutors on disposal alternatives.
  • You face a driving under the influence or reckless driving charge following an incident in the San Sai area. A lawyer can challenge field sobriety tests, coordinate with experts, and argue for reduced penalties or alternatives where appropriate.
  • You are investigated for cyber or computer related offenses under the Computer Crime Act in Chiang Mai. An attorney can interpret digital evidence rules and guide you through the pre trial process and potential defenses.
  • You own a small business in San Sai and are accused of a white collar offense such as embezzlement or fraud. A defense lawyer helps examine accounting records, stakeholder testimony, and the possibility of negotiated settlements or plea arrangements.

3. Local Laws Overview

Key Thai laws govern criminal defense practice and the conduct of criminal cases in San Sai. The following statutes are foundational for practitioners and clients alike.

  • Penal Code (ประมวลกฎหมายอาญา) B.E. 2499 (1956) - Defines offenses and penalties in general. It forms the substantive basis for criminal liability in Thailand and applies to cases tried in Chiang Mai Province and beyond. The current version is subject to amendments over time; consult the official gazette or MOJ resources for the latest text.
  • Code of Criminal Procedure (ประมวลวิธีพิจารณาความอาญา) B.E. 2457 (1914) - Sets out investigation, arrest, interrogation, bail, trial procedures, and appellate paths. It governs how criminal cases move from police inquiry to court decisions in San Sai and the wider Chiang Mai area.
  • Narcotics Act (พระราชบัญญัตยาเสพติด) B.E. 2522 (1979) - Applies to offenses involving illegal drugs, including possession and trafficking. The act has been amended over time, with penalties and schedules adjusted by successive legislation.
  • Computer Crime Act (พระราชบัญญัติคอมพิวเตอร์เกี่ยวกับอาชญากรรม) B.E. 2550 (2007) - Addresses cyber related offenses, including unauthorized access, data manipulation, and cyber crimes. It shapes defense strategies in digital evidence cases.

Recent changes and reforms in Thailand's criminal justice system are ongoing, particularly around rights to counsel, detention practices, and digital evidence handling. For the most current text and amendments, rely on official government sources and gazette publications.

The Office of the Attorney General and the Ministry of Justice provide authoritative guidance on procedures and rights within Thai criminal proceedings.

oag.go.th • moj.go.th

4. Frequently Asked Questions

What is the right to counsel in Thai criminal cases?

In Thailand, the suspect has the right to be represented by a lawyer from the earliest stage of police inquiry and during court proceedings. A lawyer can advise on how to respond to questions and protect legal rights.

How do I find a Criminal Defense lawyer in San Sai?

Start with referrals from trusted contacts, check local law firms in Chiang Mai, and verify credentials with the Thai Lawyers Association where possible. Consider language capabilities and experience with similar cases.

What is the difference between a lawyer and a prosecutor in Thailand?

A lawyer defends the accused, while a prosecutor represents the state in criminal proceedings. In Thai courts, the defense team works to counter the prosecution's case and secure favorable outcomes.

What should I do immediately after an arrest in San Sai?

Ask for legal counsel and do not answer questions without your lawyer present. Request contact details for your lawyer and the case number from the arresting officers when possible.

How long can police hold me before I see a judge in Thailand?

Detention duration is regulated by Thai law and can be extended under specific circumstances with court approval. Your attorney can seek timely hearings to challenge unnecessary detention.

Do I need to speak Thai for a criminal case in San Sai?

While Thai language capability is highly beneficial, you can have a translator or bilingual attorney present. A lawyer can ensure you understand all proceedings in your preferred language.

How much does a Criminal Defense lawyer cost in San Sai?

Costs vary by case complexity, lawyer experience, and duration of representation. Expect consultation fees, hourly rates, and potential flat fees for specific services.

What is bail and how can I obtain it in Chiang Mai?

Bail allows release from custody while a case proceeds. A lawyer assists with bail applications, presenting evidence of ties to the community and likelihood of fair trial.

How long does a typical criminal case take in Chiang Mai courts?

Case durations vary widely. Simple matters may resolve within a few months, while complex trials can extend longer due to court calendars and appeal processes.

Do I need a local San Sai or Chiang Mai lawyer for my case?

Local familiarity with district courts, prosecutors, and police practices can help, though you may hire a lawyer with strong experience in Chiang Mai region regardless of residence.

What is the process to appeal a criminal conviction in Thailand?

Appeals generally must be filed within a set period after the judgment. Your lawyer guides the appellate submission and briefs important legal grounds for the appeal.

Is it possible to negotiate a plea or settlement in criminal cases?

Yes, depending on the case, prosecutors may offer plea arrangements. A defense attorney can negotiate terms that minimize penalties or avoid trial where appropriate.

5. Additional Resources

These official organizations offer authoritative information on criminal defense processes, rights, and procedures in Thailand.

  • Office of the Attorney General (oag.go.th) - Oversees public prosecution, guides case handling, and provides resources about criminal procedure and rights of suspects. Visit site
  • Royal Thai Police (police.go.th) - Responsible for law enforcement, investigations, and safety operations across Thailand, including San Sai and Chiang Mai. Visit site
  • Ministry of Justice (moj.go.th) - Sets policy for the justice system, provides information on procedural reforms, and publishes legal resources. Visit site

Additional official information can sometimes be found in provincial court announcements or gazette publications available through these or related government portals.

6. Next Steps

  1. Identify your legal issue clearly and collect all relevant documents within 24 hours of incident or arrest.
  2. Find a qualified Criminal Defense lawyer in San Sai or Chiang Mai with experience in similar cases.
  3. Schedule an initial consultation as soon as possible to review facts, evidence, and potential defenses.
  4. Have your lawyer contact the police or prosecutor to request information and ensure your rights are protected during investigations.
  5. Decide on a defense strategy with your lawyer, including whether to challenge evidence, seek bail, or negotiate a plea.
  6. Attend all court hearings and deadlines; maintain regular updates with your attorney about case progress.
  7. If convicted, discuss options for appeals or post conviction relief with your lawyer and prepare the necessary filings within the applicable time limits.
Lawzana helps you find the best lawyers and law firms in San Sai through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Criminal Defense, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in San Sai, Thailand - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.