What rights do you have if you are arrested in Thailand?

After being arrested in Thailand, as a foreigner you have rights that protect you and ensure you receive fair treatment throughout the legal process. The Thai criminal justice system is complex and operates differently from other countries, so knowing your rights is key to preserving your freedom and minimizing penalties.

This article will explain what rights you have in Thailand after being arrested as well as the importance of having an experienced trial lawyer as your legal representative.

What Are Your Legal Rights in Thailand?

Getting arrested in Thailand can land you in serious trouble depending on the severity of the crime you’ve been accused of. Punishments can include imprisonment, fines, or even being deported and blacklisted from the country. By understanding what rights you have as a foreigner under Thai law, you can avoid being taken advantage of by the authorities and prevent misunderstandings that will make things worse:

The Right to Remain Silent: You are not required to answer any questions from the authorities or sign any documents until you have appointed a lawyer and they have reviewed all the details. This allows you to avoid saying or signing anything that may be used against you in court.

The Right to Be Informed of Charges: Thai authorities are required to inform you of any charges that have been levied upon you. They also need to ensure you understand the charges to prevent misunderstandings. A bilingual lawyer will help with this by translating any documents or interpreting any communication that’s in Thai.

The Right to Legal Counsel: If you do not have a lawyer, one will be provided for you, but court-appointed lawyers often lack the expertise to deal with complex cases involving foreigners and usually can only communicate in Thai. However, you will have the opportunity to contact and retain a Thai Trial Lawyer to assist with your criminal defense and provide legal representation in court.

The Right to Bail: You’re allowed to apply for bail if you have been detained to push for an earlier release. However, whether you are granted bail is at the discretion of the judge reviewing your petition. You can increase your chances of getting bail by retaining an experienced lawyer to draft your appeal to the judge.

The Right to Defend Yourself in Court: It’s not recommended, but legally, you are allowed to defend yourself against all allegations in court and present as much evidence in favor of your case as possible.

The Right to Notify Your Embassy: As a foreigner, you have the right to contact the embassy or consulate representing your home country. They can inform your family of your situation, provide advice on what steps to take, and even provide recommendations for legal representation.

Why You Should Retain a Thai Trial Lawyer

To ensure your rights are protected and you can navigate the Thai legal process without further complications, it’s important to reach out to a professional and bilingual Thai trial lawyer. Aside from helping you understand your rights, they can help you achieve a favorable result:

• Making sure the authorities are treating you fairly and respecting your legal rights
• Advocating on your behalf in court
• Collecting evidence to assist with your case
• Reviewing your eligibility for bail and drafting a convincing petition to the judge
• Evaluating any documents you’re required to submit to check their authenticity and ensure that they are safe to sign
• Communicating with the Thai authorities without risk of miscommunication
• Drafting a strong appeal to a superior court in the event of an unfavorable outcome

Contact Siam Legal for Professional Assistance in Defending Yourself

If you’re facing a criminal charge and want to ensure your rights are protected, reach out to a Thai Trial Lawyer at Siam Legal. Having operated for over 20 years in Thailand, our full-service law firm offers experienced lawyers who have the skills to help you secure your freedom and achieve the best possible outcome.

Contact Siam Legal today to make sure you have the best chance at preserving your freedom.

Category: Civil and Commercial Law, Criminal Law