Legal Assistance for Arrest in Thailand

If a friend or family member of yours has been arrested in Thailand or you suspect that they have, the next steps are crucial for ensuring a swift release and safe return. Similarly, if they have been detained by Thai Immigration, quick action is needed to ensure their situation doesn’t worsen.

Thai jails and immigration detention facilities are not pleasant places. The longer your friend or family member remains detained, the harder it becomes to secure release. They will also not know the proper way to provide testimony in accordance with Thai legal and police procedures, so they might make a mistake or say something they shouldn’t have and end up facing more problems.

This can be a frightening time for everyone involved, but Siam Legal can provide swift relief. We’re a law firm headquartered in Bangkok that’s been helping foreigners resolve their legal issues efficiently for over 20 years.

Even if you

• Don’t know if your friend or relative has been detained 
• Don’t know what they are charged with
• Don’t know where they are being held
• Or don’t know which authorities to contact

We can help! Our lawyers and legal advisors will find your friend or relative, ensure they are safe, and provide the assistance they need to secure their freedom as quickly as possible. Our services are available to anyone regardless of location or nationality and operate on a fixed fee instead of an hourly rate, so you know we aren’t here to waste your time.

If you have been arrested or detained by Thai Immigration, you can also make use of our services to protect your rights and get relief.

Legal Services for Friends and Family Members Arrested in Thailand

Siam Legal offers multiple services to provide assistance at every stage of the legal process and cater to different circumstances. If you or someone you know has already been charged and faces prosecution, refer to our page on criminal defense representation in Thailand.

The following services are for those who have been detained or arrested but are not yet facing the Thai courts.

Detained in Thailand by Immigration Authorities

If you or someone you know has been detained by Thai Immigration, or you suspect that they have, this service is for you.

When foreigners are detained by immigration authorities in Thailand, it is typically for visa issues, such as:

• Overstaying a Thai visa for a long period without reporting it
• Working in Thailand without a work permit
• Abusing the visa exemption program to live in Thailand long-term
• Illegally entering Thailand without a valid visa
• Insufficient, suspicious, or forged travel documentation

If a foreigner is a fugitive wanted by a foreign law enforcement agency or deemed a threat to Thailand’s national security, they may be detained at the border even with the proper documentation.

When a foreigner is taken into custody by immigration authorities, processed, and then typically slated for deportation. During this process, they are sent to an immigration detention facility and held there until they can secure their own departure from the country. Thailand will not cover the costs of sending the foreigner home; the detainee must come up with the funds or remain in detention.

While not a jail, these detention facilities are not pleasant, and detainees are given only the most basic of amenities. Foreigners from across the world are held together, and even simple conveniences such as toothpaste must be brought to them by someone from the outside. There are several such facilities in Thailand, and which one your friend or family member is held in will depend on where they were apprehended.

A foreigner held in immigration detention needs someone to bring them basic supplies, deliver funds to secure an outbound flight, and work with the authorities to secure their release. This is where Siam Legal comes in.

Support Services for Foreigners Held in Immigration Detention

If you suspect that your friend or relative has been detained by Thai Immigration, or they have contacted you and told you they are in detention, call Siam Legal as soon as possible. We provide a service that includes everything they need to return safely home.

1. Our legal team will make contact with Thai immigration authorities to determine where your friend/family member is detained.
2. We will visit them in detention, ensure their needs are met and that they are safe, discuss their situation with the authorities, and provide guidance on what to do next. 
3. If you need to transfer money to the detainee to procure a flight out of Thailand, we can securely facilitate this.
4. The wellness check and facilitation of the detainee’s release should not take long, so our service includes a single visit and four (4) hours of consultation time, which, in our experience, is usually plenty of time.
5. If, however, their case is complex and more time is needed, we can provide an additional 10 hours of consultation for an additional fee.

Note that this service is for foreigners who have already been processed and sentenced to deportation. If your friend or relative is going to court for immigration-related charges, they will need legal representation for criminal defense, which is a service Siam Legal also provides.

Arrested by Thai Police for Crimes Unrelated to Immigration

If a foreigner is arrested in Thailand, the process is similar but not identical to typical arrest procedures in the West. For one, the police can hold a suspect for up to 48 hours at the station without filing a criminal case in the courts. If the crime they are accused of is deemed to be “severe,” they could be held without an active criminal case for up to 84 days. In practice, the police often get detention orders from the court and hold detainees for longer than the allotted 48 hours, regardless of their charges.

The good news is that if your friend or relative is arrested in Thailand and held in custody, they still have the right to a lawyer and can refuse to sign any documents or answer any questions if their lawyer is not present. With the help of a Thai criminal defense lawyer, they can plan their defense, ensure proper treatment, and arrange bail so they can get out of jail and await trial elsewhere.

This is where Siam Legal can help.

Support Services for Foreigners Arrested in Thailand

Siam Legal’s criminal defense team provides a check-in service for foreigners arrested in Thailand. If someone you know has been apprehended or you suspect that they have, contact Siam Legal as soon as possible, as every minute counts.

Our check-in service includes:

1. If you don’t know where they are, our team will contact law enforcement authorities throughout the country to determine where your friend or relative is being held.
2. We will visit them in jail and consult with the police to get a clear picture of the detainee’s situation.
3. Our legal team will ensure they are treated well and their rights are respected.
4. We will provide guidance on giving testimony in accordance with applicable legal procedures.
5. Bail in Thailand is not a guaranteed right and must be requested with a petition that convinces the authorities that the accused is not a flight risk. Siam Legal’s team will draft this petition to give them the best chance at securing bail.
6. Based on their situation, our team will provide your friend or relative with advice on what to do next and help them formulate their defense strategy, whether that be to negotiate an apology for their release (possible for minor offenses), gather evidence to exonerate them, or confess in a bid to reduce the severity of the consequences.

This check-in will not take long once our lawyer arrives, so our service includes a two (2)-hour consultation with the accused. If they still require support after this consultation, they can retain our services for full representation in their criminal case, and we will start the next steps immediately.

Bail Guarantor Services in Thailand

If a foreigner wishes to post bail after they are arrested in Thailand, they need a Thai citizen to file the petition and transfer the funds, known as a “guarantor.” This is typically a partner, friend, colleague, or family member.

However, if your friend or relative is arrested in Thailand with no Thai citizen contacts, they will need to secure the services of a guarantor if they wish to post bail and avoid waiting for trial in a Thai jail.

Siam Legal provides bail guarantor services in addition to the police check-in service described above. That service includes the drafting of the bail petition, but acting as the guarantor is a separate process (and service) that makes Siam Legal liable for the accused’s behavior once they are released.

Our firm will ensure that you can transfer the funds needed for bail to the accused, even from out of the country. Siam Legal’s criminal defense team will then file the bail petition, act as guarantor, and ensure the bail money is transferred to the appropriate authorities.

Secure Release for Foreigners Detained in Thailand

Immigration detention centers and prisons in Thailand are not places that anyone wants to be. Foreigners detained in these facilities typically have it worse than the locals for a variety of reasons, and the longer they stay, the harder it is to secure a release and the more likely it is that more charges or complications are added.

If a family member or friend has been detained or arrested in Thailand, or you have reason to believe that they have, contact Siam Legal. As a law firm that’s been representing foreigners in criminal cases in Thailand for over 20 years, we have the experience and expertise to provide the support they need and minimize the impact of this difficult situation.

We’ll ensure they are safe and well, provide expert guidance on what to do next to secure their release, and deal with the authorities on their behalf. Should their case go before a judge, we stand ready to fight for their freedom in court as their legal representative.

Every minute counts, so if you or someone you know is in this situation, do not hesitate to contact Siam Legal for peace of mind and a clear path forward.