Best Criminal Litigation Lawyers in Bang Khen
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- I want a police clearing certificate
- 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. Please send us an email at info@thailandbail.com and will send more details to you. Regards, Arthit
About Criminal Litigation Law in Bang Khen, Thailand
Criminal litigation in Bang Khen follows Thailand's national criminal law, with local investigation handled by the Royal Thai Police under the Metropolitan Police Bureau and prosecution conducted by the Office of the Attorney General. Cases move from police inquiry to the public prosecutor and then to the courts that have jurisdiction over Bangkok. Petty offenses may be handled by a Kwaeng Court, while more serious cases are heard by a criminal or provincial level court in Bangkok. The process is governed mainly by the Criminal Code and the Criminal Procedure Code, plus specialized statutes such as the Narcotics Code and the Computer Crime Act.
After an arrest or police summons, an inquiry officer conducts the investigation, collects evidence, and consults with the prosecutor on charging decisions. The accused can apply for temporary release on bail at the police stage or through the courts. If a case proceeds, it moves to arraignment and trial. Trials are conducted in Thai, interpreters are available when required, and both sides present evidence and witnesses. Appeals can be made to higher courts within strict deadlines. Victims can seek compensation through the criminal case in appropriate circumstances.
Why You May Need a Lawyer
- You have been arrested, detained, or named as a suspect and need advice before answering questions or signing statements.
- Police have issued a summons and you want help preparing a response and accompanying you to the station.
- You seek bail or temporary release and need a strategy for surety, guarantors, and conditions.
- Your home, car, phone, or computer has been searched and you want to challenge or understand the scope of the warrant.
- You face allegations involving narcotics, assault, theft, fraud, traffic accidents causing injury, domestic violence, firearms, or computer crime.
- You are a foreign national and require an interpreter, consular notification, or advice on immigration and work permit impacts.
- You are a juvenile or a parent of a juvenile suspect and need guidance on special procedures and protections.
- You are a victim seeking to file a complaint, pursue compensation, or oppose bail conditions.
- You are concerned about asset seizure or freezing orders linked to a criminal investigation.
- You want to explore mediation, compounding, or a guilty plea that may reduce penalties under Thai law.
Local Laws Overview
Core statutes. The Thai Criminal Code defines offenses and penalties, and the Criminal Procedure Code sets rules for arrest, search, interrogation, bail, evidence, trial, and appeals. Commonly used special laws include the Narcotics Code, the Computer Crime Act, the Domestic Violence Victim Protection Act, the Land Traffic Act, the Firearms Act, and the Anti Money Laundering framework for asset seizure.
Police powers in Bang Khen. Local police stations in and around Bang Khen handle investigation and arrest. An arrest without a warrant is allowed in certain urgent cases defined by law. Searches generally require a warrant unless a legal exception applies. You have the right to know the charge, to contact a lawyer or a person you trust, and to have an interpreter if needed before giving a statement.
Detention and the 48 hour rule. After arrest, police must bring the suspect before a court without delay and within a short statutory timeframe, commonly understood as within 48 hours not counting certain official holidays and travel time. For longer detention during investigation, police must apply to the court for remand in renewable periods, with total limits depending on the offense.
Bail and temporary release. Temporary release can be requested at the police stage or from the court. The court considers factors such as flight risk, interference with evidence, and seriousness of the offense. Surety may be cash, property, or a guarantor, and conditions such as reporting or travel limits can be imposed.
Compounding and mediation. Some offenses are compoundable, meaning the victim and the accused can settle the case under the law with approval by the inquiry officer or prosecutor, which can lead to case dismissal. Certain minor criminal disputes may be mediated at court or through official mediation mechanisms.
Plea and sentencing. A timely guilty plea can result in a reduced sentence under Thai law. Sentencing considers aggravating and mitigating factors, including cooperation and restitution.
Courts and language. Proceedings are conducted in Thai. Courts in Bangkok with criminal jurisdiction handle cases arising from Bang Khen. Interpreters are provided for non Thai speakers or the hearing impaired.
Foreign nationals. If you are not Thai, you have the right to an interpreter and to consular notification. Criminal cases can affect visas and work permits, and immigration detention is possible after release from court or prison if immigration status is in question.
Frequently Asked Questions
What happens after I am arrested in Bang Khen
You will be taken to the local police station for booking and questioning by an inquiry officer. You must be informed of the charge and your rights. You can contact a lawyer and a person you trust. The police must either release you on bail or bring you before a court within a short statutory timeframe for a remand decision. You should not sign documents you do not understand.
Do I have to answer police questions
No. You have the right to remain silent and the right to consult a lawyer. If you choose to answer, ask for an interpreter if needed and ensure your lawyer is present. Your statement becomes part of the evidence record.
How does bail work and how fast can I get it
You or your lawyer can apply for temporary release at the police station or the court. The amount and conditions depend on the offense and your circumstances. Simple cases can be processed the same day, while serious cases may take longer or require a court hearing. If bail is denied, you can renew the application or appeal to a higher court.
What if I receive a police summons
Do not ignore it. A summons is a formal order to appear for questioning. Bring identification and consult a lawyer in advance. If you cannot attend, your lawyer can request a new date with a valid reason.
Will my case be heard in Bang Khen or another court
Investigation is local, but court jurisdiction depends on the offense and location. Petty matters may go to a Kwaeng Court. Serious crimes are generally heard by criminal or provincial level courts in Bangkok that have jurisdiction over the area including Bang Khen.
Can a case be resolved without a trial
Yes in some situations. Certain offenses are compoundable with victim consent and official approval. Mediation may be available for minor offenses. A guilty plea can lead to a shorter process and a reduced sentence. Prosecutors also have discretion in some cases not to file charges based on evidence and public interest.
What are my rights during a search of my home or phone
Police generally need a warrant to search a private residence. There are exceptions for urgent circumstances defined by law. Digital device searches should follow legal procedures. You can ask to see the warrant, observe the search, and request a receipt for seized items.
How long do criminal cases take
Timeframes vary widely. Simple cases can conclude in a few months. Complex matters, especially those with multiple defendants or technical evidence, can take a year or more including appeals. Detention limits during investigation are controlled by statute and court oversight.
Can victims get compensation through the criminal case
Victims can join the criminal case to claim compensation for proven losses. The court can order restitution. For certain violent crimes, victims may also be eligible for state assistance through government funds. A lawyer can help prepare claims and evidence of damage.
Will a criminal case affect my immigration status or employment
It can. Employers often require disclosure of criminal proceedings. Foreign nationals may face visa cancellation, overstay issues, or immigration detention after release. Early legal advice helps manage these risks and coordinate with consular officials and employers.
Additional Resources
- Royal Thai Police and local police stations in Bang Khen for reporting crimes and following up investigations. Emergency number 191. General police hotline 1599.
- Metropolitan Police Bureau for Bangkok policing oversight and administrative matters.
- Office of the Attorney General for prosecution and public complaints about prosecutorial decisions.
- Court of Justice information desks at Bangkok courts for schedules, filings, and mediation services.
- Lawyers Council of Thailand Legal Aid Center for means tested legal assistance and lawyer referrals.
- Ministry of Justice Justice Fund for financial support in eligible cases to secure bail or legal representation.
- Rights and Liberties Protection Department for victim assistance and guidance on compensation mechanisms.
- Department of Probation for information on probation conditions and compliance after sentencing.
- Department of Corrections and Bangkok Remand facilities for visitation rules and inmate information.
- Tourist Police for assistance to visitors who are victims or suspects in criminal matters. Tourist Police hotline 1155.
Next Steps
- Stay calm and invoke your rights. Request a lawyer and an interpreter if you need one. Do not sign documents you do not understand.
- Preserve evidence. Keep messages, call logs, photos, CCTV references, medical records, and contact details of witnesses. Give copies to your lawyer.
- Respond properly to a summons. Note the date and location, bring identification, and attend with a lawyer. If you cannot attend, arrange a new date ahead of time.
- Plan for bail early. Prepare cash or property surety, a guarantor, and documents showing stable residence and employment to reduce perceived flight risk.
- Avoid public comments. Do not discuss the case on social media or with third parties. Communications can be used as evidence.
- Consult a local lawyer experienced in Bangkok criminal practice. Ask about strategy, timelines, fees, and potential outcomes including mediation, compounding, or a plea.
- Track deadlines. Appeals and complaints have short windows. Your lawyer can calendar police reporting dates, court appearances, and filing limits.
- Consider related issues. Discuss immigration status, employment ramifications, professional licenses, and travel restrictions with your lawyer early.
This guide provides general information only. For advice on your specific situation in Bang Khen, speak with a qualified Thai criminal defense lawyer.
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.