Mamadoodles Posted October 15, 2020 Share Posted October 15, 2020 Hi! Does anyone know what will happen to a foreigner in Thailand if they get suspended sentence? 3 years ago my boyfriend was accused of stealing, the stuff was less than 500 baht. He didn't mean to steal it and has prove that it was misunderstanding. The immigration police came to arrest him at our apartment and he was put in the cell for 2 nights. Fast forward to 6 months later during that time we had to go to court to hear the accusation. We went to court for trail and the judge told us if he admitted the penalty will be 2 years suspended sentence which I'm not sure if it will effect his Visa or will it get him deported. He has work permit so we are so scared that it will effect it. He didn't plea guilty and the next hearing for the verdict is next month. We don't know what should we do if they found him guilty. If this suspended doesn't effect his visa or get him deported we are fine with that because we fed up with coming to court but if it does effect his visa and his stay we will summit an appeal. which I'm pretty sure it will take a really long time. He doesn't want to leave Thailand, he has a new life here now. He has a job and friends. If you have any suggestion or have been through the same situation please advise. Thank you 1 Link to comment Share on other sites More sharing options...
mstevens Posted October 15, 2020 Share Posted October 15, 2020 (edited) A suspended sentence is handed down in a case where you plead or are found guilty. That means, he will have a criminal record in Thailand, unfortunately. I am aware of two cases where someone went to court and got a suspended sentence and a fine. In both cases they were for drink driving. In neither case was the person deported, nor was there any effect on their visa - and life continued for them just the same as it had before the court case. Each of these cases was 5 or 6 years ago. Edited October 15, 2020 by mstevens 1 Link to comment Share on other sites More sharing options...
Popular Post dbrenn Posted October 15, 2020 Popular Post Share Posted October 15, 2020 I read on this forum a while back that the police officer who made the charge decides whether to take the matter to immigration, once a court judgement is made. What action immigration takes is hard to predict. 3 Link to comment Share on other sites More sharing options...
Popular Post BritTim Posted October 15, 2020 Popular Post Share Posted October 15, 2020 In Thailand, it is usually best to plead guilty unless the proof of innocence is overwhelming. You do not get the benefit of the doubt. By failing to plead guilty (accepting the suspended sentence) you usually guarantee a more severe sentence and, even if not, a greater likelihood of a referral to immigration for deportation. At this stage, you need to use a very well connected lawyer (expensive) and be willing to follow their advice. It may seem unfair that you can end up in such a situation with no intent to commit a crime, but the criminal justice system in Thailand is not comparable with that in first world countries. You need to learn to live with the system as it exists. 3 1 Link to comment Share on other sites More sharing options...
Popular Post BritManToo Posted October 16, 2020 Popular Post Share Posted October 16, 2020 (edited) Married to a local = not deported. Single = deported. That seems to be the way things generally go, even for trivial offences. Edited October 16, 2020 by BritManToo 4 1 1 Link to comment Share on other sites More sharing options...
Popular Post Brad88 Posted October 16, 2020 Popular Post Share Posted October 16, 2020 I neither live in Thailand nor understand the Thai judiciary system. However, if I were in your boyfriend's situation, in addition to weighing the helpful advice of others here on the Forum, I would also consult with a competent lawyer in Thailand to be certain about my options. Wishing you luck moving forward. 3 Link to comment Share on other sites More sharing options...
Popular Post Max69xl Posted October 16, 2020 Popular Post Share Posted October 16, 2020 "He didn't mean to steal it and has prove that it was misunderstanding." How did he prove it was a misunderstanding and to whom? Who did he steal from? From a shop or a person? Why didn't he try to make a deal with the person who accused him of stealing before it went to court? 8 Link to comment Share on other sites More sharing options...
TheFishman1 Posted October 16, 2020 Share Posted October 16, 2020 I need somebody a foreigner got caught stealing like a candy bar or something or like a big c or Tesco He said sorry paid for it nothing happened if your boyfriend was caught stealing something you want to just settle it by paying for whatever it was even if it was by accident and then nothing would’ve been happened my friend told me they welcome them back to the store every time they see him go figure this is Thailand 1 Link to comment Share on other sites More sharing options...
Popular Post CorpusChristie Posted October 16, 2020 Popular Post Share Posted October 16, 2020 You have to serve at least six months in jail before they then consider whether to deport you or not , no further action in regards to visas would be taken for a suspended sentence 1 1 2 Link to comment Share on other sites More sharing options...
fak119 Posted October 16, 2020 Share Posted October 16, 2020 7 hours ago, Brad88 said: I neither live in Thailand nor understand the Thai judiciary system. However, if I were in your boyfriend's situation, in addition to weighing the helpful advice of others here on the Forum, I would also consult with a competent lawyer in Thailand to be certain about my options. Wishing you luck moving forward. The best advice for his friend; so good to have friends who care ... ;-) 1 Link to comment Share on other sites More sharing options...
Maestro Posted October 16, 2020 Share Posted October 16, 2020 Removed an off-topic post. Link to comment Share on other sites More sharing options...
Popular Post StevieAus Posted October 16, 2020 Popular Post Share Posted October 16, 2020 3 hours ago, Max69xl said: "He didn't mean to steal it and has prove that it was misunderstanding." How did he prove it was a misunderstanding and to whom? Who did he steal from? From a shop or a person? Why didn't he try to make a deal with the person who accused him of stealing before it went to court? All rather irrelevant now wouldn’t you say? 4 Link to comment Share on other sites More sharing options...
Popular Post darrendsd Posted October 16, 2020 Popular Post Share Posted October 16, 2020 3 hours ago, Max69xl said: "He didn't mean to steal it and has prove that it was misunderstanding." How did he prove it was a misunderstanding and to whom? Who did he steal from? From a shop or a person? Why didn't he try to make a deal with the person who accused him of stealing before it went to court? He is asking about deportation - what has happened before is nothing to do with you 5 Link to comment Share on other sites More sharing options...
Mamadoodles Posted October 16, 2020 Author Share Posted October 16, 2020 (edited) 15 hours ago, mstevens said: A suspended sentence is handed down in a case where you plead or are found guilty. That means, he will have a criminal record in Thailand, unfortunately. I am aware of two cases where someone went to court and got a suspended sentence and a fine. In both cases they were for drink driving. In neither case was the person deported, nor was there any effect on their visa - and life continued for them just the same as it had before the court case. Each of these cases was 5 or 6 years ago. If found guilty looks like I can't avoid getting criminal record but at least still be able to stay in the country. I know that some nationality they don't do criminal record check when you apply for a job but I'm not certain Edited October 16, 2020 by Mamadoodles 3 Link to comment Share on other sites More sharing options...
Popular Post BritManToo Posted October 16, 2020 Popular Post Share Posted October 16, 2020 (edited) 6 minutes ago, Mamadoodles said: If found guilty looks like I can't avoid getting criminal record If found guilty, the court will tip off immigration before the court date, and immigration police will grab you as you leave court and take you to the IDC for deportation. This is the way it's worked in the past. You seem to have shifted from being the Thai gf to the guilty foreigner in 14 posts. Edited October 16, 2020 by BritManToo 11 1 3 Link to comment Share on other sites More sharing options...
Mamadoodles Posted October 16, 2020 Author Share Posted October 16, 2020 14 hours ago, dbrenn said: I read on this forum a while back that the police officer who made the charge decides whether to take the matter to immigration, once a court judgement is made. What action immigration takes is hard to predict. That's what the judge told us as well. But who know that one day the police might decide to take it to the immigration. The judge said that in my boyfriend's case it's a minor crime and it's not well know to the public and in 10 years she has never seen the police take the matter to the immigration Link to comment Share on other sites More sharing options...
CorpusChristie Posted October 16, 2020 Share Posted October 16, 2020 5 minutes ago, BritManToo said: If found guilty, the court will tip off immigration before the court date, and immigration police will grab you as you leave court and take you to the IDC for deportation. This is the way it's worked in the past. You seem to have shifted from being the Thai gf to the guilty foreigner in 14 posts. No they will not , the process is that if a person gets more than a six month jail term , the prosecution can ask the Judge to also deport the person , but ONLY after serving at least six months in jail 1 1 Link to comment Share on other sites More sharing options...
Tropicalevo Posted October 16, 2020 Share Posted October 16, 2020 22 minutes ago, BritManToo said: If found guilty, the court will tip off immigration before the court date, and immigration police will grab you as you leave court and take you to the IDC for deportation. This is the way it's worked in the past. You seem to have shifted from being the Thai gf to the guilty foreigner in 14 posts. That does not happen. I had a suspended sentence 20 years ago and I am still here. 1 Link to comment Share on other sites More sharing options...
Maestro Posted October 16, 2020 Share Posted October 16, 2020 Removed a post with an unattributed quote, ie no link to the source. Link to comment Share on other sites More sharing options...
BritManToo Posted October 16, 2020 Share Posted October 16, 2020 1 hour ago, Tropicalevo said: That does not happen. I had a suspended sentence 20 years ago and I am still here. Many things are different now. 1 Link to comment Share on other sites More sharing options...
fangless Posted October 16, 2020 Share Posted October 16, 2020 3 hours ago, CorpusChristie said: No they will not , the process is that if a person gets more than a six month jail term , the prosecution can ask the Judge to also deport the person , but ONLY after serving at least six months in jail Do you have a substantiated source for that statement? Link to comment Share on other sites More sharing options...
CorpusChristie Posted October 16, 2020 Share Posted October 16, 2020 Just now, fangless said: Do you have a substantiated source for that statement? Personal experience and seen it officially written 1 Link to comment Share on other sites More sharing options...
fangless Posted October 16, 2020 Share Posted October 16, 2020 Just now, CorpusChristie said: seen it officially written Could you please provide a link. Link to comment Share on other sites More sharing options...
CorpusChristie Posted October 16, 2020 Share Posted October 16, 2020 2 minutes ago, fangless said: Could you please provide a link. It was written in CM immigration office, on the wall was a list of all the laws and rules , I dont have a link 1 1 Link to comment Share on other sites More sharing options...
CorpusChristie Posted October 16, 2020 Share Posted October 16, 2020 7 minutes ago, fangless said: Could you please provide a link. What was funny about my reply ? 1 2 Link to comment Share on other sites More sharing options...
fangless Posted October 16, 2020 Share Posted October 16, 2020 (edited) 33 minutes ago, CorpusChristie said: What was funny about my reply ? Just think it is funny why anyone should have noticed and remembered that much detail about that particular subject at anytime!???? Edited October 16, 2020 by fangless Link to comment Share on other sites More sharing options...
ukrules Posted October 16, 2020 Share Posted October 16, 2020 4 hours ago, CorpusChristie said: No they will not , the process is that if a person gets more than a six month jail term , the prosecution can ask the Judge to also deport the person , but ONLY after serving at least six months in jail No prison sentence yet deported, from what I remember reading about this - it was at the cops discretion, she was packed off to immigration and kicked out of the country. 2 Link to comment Share on other sites More sharing options...
samtab Posted October 16, 2020 Share Posted October 16, 2020 even for weed they do not deport anyone anymore ! Link to comment Share on other sites More sharing options...
BritTim Posted October 16, 2020 Share Posted October 16, 2020 9 hours ago, CorpusChristie said: You have to serve at least six months in jail before they then consider whether to deport you or not , no further action in regards to visas would be taken for a suspended sentence There is no such general guideline. It depends on your arresting police officer whether a recommendation for deportation issued (a recommendation which is followed about 99.9% of the time). That means that an important rule is to do nothing to upset the senior officer responsible for your arrest (assuming you do not buy yourself out of trouble at the outset). 2 Link to comment Share on other sites More sharing options...
CorpusChristie Posted October 16, 2020 Share Posted October 16, 2020 2 hours ago, fangless said: Just think it is funny why anyone should have noticed and remembered that much detail about that particular subject at anytime!???? Sitting waiting in the immigration office for my visa extension to get processed , waiting for my name to be called , not much else to do , may as well sit and read the rules written on the wall 1 Link to comment Share on other sites More sharing options...
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