Case History #1: Drugs
Thailand: Bail Obtained in High Profile Drug Case
(Names have been changed to protect the identity of our clients. All communications with our attorneys and associates is protected by attorney client privilege and can/will not be disclosed)
OVERVIEW
Carol was arrested in Bangkok for the illegal distribution of methamphetamine tablets. Embarrassed by her situation Carol elected to not disclose her situation to friends or family and had been in Prison at Klong Prem in Bangkok for one month prior our firm being contacted. Carol’s fiancé contacted our legal team after hearing of her incarceration and requested that we obtain bail for her. We successfully obtained and posted bail for Carol within 48 hours and secured her release.
Obtaining bail with drug cases in Thailand is not always possible as the courts are very conservative when it comes to drug cases. Carol’s case was additionally challenging as she had been charged with distribution, not simply possession for personal use.
In cases like Carol’s we are required to submit powerfully persuasive written and oral arguments asserting legally valid points of law as well as specific and believable justifications as to why a foreign person, charged with a very serious crime, that carries severe penalties is entitled to bail and is not a flight risk.
ISOLATION FROM FRIENDS AND FAMILY WHILE IN PRISON
Initially, and out of embarrassment, Carol did not want her friends and family to know she had been arrested. When Carol was put in prison she was completely isolated from the outside world. It was impossible for her to have any type of communication with the outside world. There is no phone in Thai prisons for inmate use. She was unable to contact anyone to let them know of her incarceration. Fortunately for Carol her fiancé contacted some friends of Carol’s who were able to ascertain her status.
METHODOLOGY
Carol’s fiancé contacted Bail Thailand and Barrister Garn Tuntasatityanond took immediate action to secure Carol’s. His processes started with locating and meeting with Carol, locating the police station that arrested Carol, reviewing the case file, and conferring with the arresting officer and the prosecutor who has been assigned to prosecute the case to assure there would be no objection to his petition for bail. After conferencing with the presiding judge and based on his extensive experience Barrister Garn Tuntasatityanond submitted an extensive petition arguing for bail with an offer of 500,000 Thai baht. The presiding judge conquered with Barrister Garn Tuntasatityanond’s legal arguments and bail was granted.
RESULT
While awaiting the judge’s decision, Carol’s fiancé wire transferred the funds to Bail Thailand. When the bail petition was granted Barrister Garn Tuntasatityanond provided the funds to the court (paid Carol’s Bail) and Carol was released from Prison the same day at 9PM. Barrister Garn Tuntasatityanond was waiting at the prison at 9PM to ensure Carol’s release and to escort her home. Carol’s fiancé had provided additional funds that were given to Carol so she could eat and arrange for accommodations.
Crime: Distribution of illegal narcotics
Outcome: Bail granted, client released from prison
Case History #2: Theft
Thailand: Bail Obtain in Shoplifting Case
(Names have been changed to protect the identity of our clients. All communications with our attorneys and associates is protected by attorney client privilege and can/will not be disclosed)
OVERVIEW
Sam and Pam had been arrested and were being held in a Bangkok police station. While Sam was being processed he was able to use his telephone to search the internet, found Thailand Bail Bonds and contacted us. 2 lawyers from our office immediately proceeded to the police station where Sam and Pam were being held. We conferenced with the investigating officer to ascertain the charges and the bail amount. Sam and Pam did not have immediate access to the amount needed to secure their release and were transferred to the Bangkok Remand Prison. Based on information provided by Sam and Pam, Thailand Bail Bonds contacted family members who provided the funds necessary to secure Sam and Pam’s release. Thailand Bail Bonds received the funds, made payment and secured Sam and Pam’s release and thereby relieving the couple of a 12 month wait in prison while awaiting trial.
DETAIL
Sam and Pam were arrested for theft at Siam Paragon Shopping Mall, a large designer mall with luxury brands, cutting edge security systems and large team of uniformed and plain cloths security personnel as well as extensive CCTV coverage. When Sam and Pam were interrogated by the investigating officer they were presented with extensive and compelling evidence of their crimes. Faced with such incontrovertible evidence, Sam confessed his crimes to the investigating officer. Neither Sam or the investigating officer informed our team of his confession.
The bail application we submitted to the court was denied Due to Sam’s confession.
In cases such as this an experienced criminal defense attorney is required to appeal the judgment. An appeal of the lower courts decision must be submitted to the appeals court. The appeals court will take 3-5 days to review the case and consider the arguments for permitting bail.
Three serious obstacles stood in the way of Sam’s release from the hell of Thai prison. First, as a foreigner he is an automatic flight risk. Second, he had already admitted his guilt and confessed to his crime. Third, the first court had already denied bail. Judge’s don’t like overruling another judge and will very carefully scrutinize appeal arguments. Only extremely compelling and legally sound arguments can overturn a prior ruling.
METHODOLOGY & RESULT
Barrister Garn Tuntasatityanond prepared and submitted to the appeals court a detailed brief arguing for bail. After 3 days the appeals court returned a decision in agreement with Barrister Garn Tuntasatityanond’s compelling arguments.
When the bail petition was granted Barrister Garn Tuntasatityanond provided the funds to the court (paid Sam & Pam’s Bail) and the couple were released from Prison the same day. Barrister Garn Tuntasatityanond was waiting at the prison to ensure the couple’s.
Crime: Theft, shoplifting
Outcome: Bail granted, clients released from prison
Case History #3: Fraud & Embezzlement
Quick Resolution of Case When Bail is Denied
(Names have been changed to protect the identity of our clients. All communications with our attorneys and associates is protected by attorney client privilege and can/will not be disclosed)
OVERVIEW
Our clients were charged with fraud and embezzlement of 20 million Thai Baht ($550,000.00US). Bail was denied due to the large amount of money that was involved, and the evidence against our clients being quite substantial. In addition the injured party was a well known and respected Thai person with significant contacts, and our clients were foreigners. The Department of Special Investigation (similar to MI-5 or the FBI) was the lead investigative unit. Not only was bail denied, but with the evidence against our clients the chances of mounting a winning defense was remote. After spending time with the defendants and researching the facts of the case, the families of the defendant’s hired our firm for the criminal defense.
Our clients were being held at a prison in Bangkok where conditions are particularly dangerous. During their incarceration they witnessed the gruesome death of an inmate at very close proximity.
METHODOLOGY
Our assessment of the defendants position was: (i) the prosecution had a very solid case that eliminated the chances of mounting a winning defense, (ii) the defendants had been denied bail, (iii) the defendants were suffering from an extremely harsh imprisonment, (iv) our best efforts should be directed to get our clients released as soon as possible.
In cases of this type in Thailand the parties can negotiate a settlement with the prosecutor’s involvement.
IMPLEMENTATION & RESULT
Barrister Garn Tuntasatityanond met with the plaintiff and plaintiff’s attorney to present the idea of a negotiation. Upon agreement a court date was set to join all parties to negotiate a settlement of the case. In the court 2 judges presided to hear the arguments of the defendant’s attorneys, the plaintiff’s attorneys and the prosecutor.
A long an contentious debate ensued, one in which Barrister Garn Tuntasatityanond exhibited superior negotiation skills and patience. During the entire session Barrister Garn Tuntasatityanond continued to press on determined to stay with the process until he achieved his goal which was the release of his clients from prison.
At the end of the negotiation, the parties agreed and the court ordered the defendants would receive suspended sentences and be released from prison after returning to the plaintiff 2.5 million of the 20 million that was embezzled.
The 2.5 million Thai Baht was paid and the defendants were immediately released from prison. In the eyes of the defendants we had achieved an amazing victory.
Crime: Fraud and Embezzlement of 20 million Thai Baht
Outcome: 15% of embezzled monies returned to injured party, defendants received suspended sentences, which means they were not required to serve time in prison, released from prison after trial
Case History #4: Habitual Offender
HABITUAL OFFENDER FREED ON BAIL
(Names have been changed to protect the identity of our clients. All communications with our attorneys and associates is protected by attorney client privilege and can/will not be disclosed)
OVERVIEW
Jill had been arrested for operating an illegal and unlicensed business in the tourist city of Pattaya Thailand one year prior and was out on bail awaiting trial when she was arrested a second time for the same offense.
Jill had been working with a Patttaya law firm on her first case when she was arrested a second time. This firm felt that obtaining bail on a second charge for the same crime would be very difficult and demanded a payment of 175,000 Thai Baht as their legal fee to handle the matter. While the Pattaya law firm’s fee was excessive they were not wrong, it would be challenging to obtain the courts approval of bail for Jill’s release. Court’s are typically hesitant to approve bail a second time for the same offense, fearing they are indirectly encouraging the continuation of the criminal activity.
Jill was being held at the infamous Nong Palai Prison. This prison is home to many dangerous international criminals who have fled to Pattaya Thailand to escape prosecution in various other parts of the world.
METHODOLOGY
One of Jill’s friends contacted our firm after visiting her in prison. Jill told her friend about the excessive fee demanded by the law firm representing her in the first case and further explained her inability and unwillingness to pay the excessive fee. We visited Jill in the prison at her friend’s request. After a brief discussion Jill engaged our firm and we went to work investigating the case.
IMPLEMENTATION & RESULT
After a thorough review of the case file and a conferencing with the investigating officer and prosecutor, Barrister Garn Tuntasatityanond prepared and submitted a comprehensive brief to the court arguing the merits of allowing bail and offering the same amount Jill posted in her first case. The judge conquered with the arguments and approved bail. Bail was posted the same day and Jill was release from the infamous Nong Palai Prison.
Crime: The operation of an illegal and unlicensed business, second offense
Outcome: Bail granted, client released from prison
Case History #5: Visa Expiration Violation
American Man Reported for Visa Violation by Manipulative Thai Wife
(Names have been changed to protect the identity of our clients. All communications with our attorneys and associates is protected by attorney client privilege and can/will not be disclosed)
OVERVIEW
An American man named Paul had been living in Thailand with his Thai wife “Noi” for a little over one year when his visa expired. Paul was unaware his visa had expired as he had previously entrusted such issues to his wife because he was unfamiliar with what the Thailand government required in order for him to stay with his wife in Thailand. What he did know was that his visa was issued based on their marriage and that without their marriage he would be unable to stay in Thailand. He therefore assumed she would handle the governmental requirements as she had when they initially obtained his visa. During the couples short marriage Paul let Noi handle all Thailand related business matters. Paul provided Noi with enough money to buy a house and let her put it in her own name because Thai law prohibits foreigners from owning land in Thailand. He also provided the monies to buy a car that was also put in Noi’s name. Finally, Noi convinced Paul that as a foreigner he could not have a bank account in his own name unless he had a Thailand work permit, and as Paul was retired he could not have a work permit.
After Paul’s visa expired Noi contacted the police who arrested Paul for visa overstay. The police picked up Paul at his home and arrested him for being in Thailand illegally. After processing, Paul was sent to the Bangkok Remand Prison were he remained for several days awaiting arraignment.
It was later learned that Noi had intentionally let Paul’s visa expire so she could report him and have him deported back to the United States.
METHODOLOGY
Paul’s friend was able to visit him in prison. After talking with Paul, John’s friend contacted Thailand Bail Bonds. We immediately visited John in Prison and reviewed his file at the courthouse. Joined at the courthouse by Paul’s friend we applied for bail right away and it was approved the same day. Paul’s friend paid the bail and Paul was released that evening.
Having been happy with our work Paul engaged our firm to provide his defense on the criminal overstay charges.
IMPLEMENTATION & RESULT
Barrister Garn Tuntasatityanond met with the Immigration police officer in charge of Paul’s case. It was negotiated that Paul would pay a small fine and the charges would be dropped and the case would be dismissed. Upon payment of the fine the court dismissed the case and Paul’s bail money was returned to him.
Paul later leaned that Noi had a Thai husband to whom she had been married for several years prior to meeting him. Noi’s marriage with the Thai man was a traditional Thai marriage which is the type of marriage most popular with Thai people but is not legally binding upon the parties. Noi continued her relationship with her Thai husband while married to Paul. It eventually became apparent to Paul that Noi had misrepresented her interest in him in order to get a home, car and other monies.
Crime: Visa expiration violation
Outcome: Bail granted, client released from prison, criminal charges dropped, case dismissed
Case History #6: Bail Obtained Allowing Defendant to Travel Outside of Thailand
US 250K Fraud, Embezzlement, Forgery Case
OVERVIEW
Our client was charged with fraud and embezzlement for embezzling 8,500,000 Thai Baht or US 250K. He faced a 2 year prison sentence if convicted as well as retribution of the embezzled funds.
When applying for bail that allows a defendant to travel outside of Thailand the court is relying on the promise of the defendant to return to Thailand to stand trial for his crimes. When a defendant is charged with fraud and embezzlement he is not typically viewed as a particularly honest person who’s word can be relied upon. Generally speaking, obtaining bail to travel outside of Thailand is very difficult for people who are not Thai citizens. Understandably, the court will assume the defendant will not return to Thailand to face the charges and stand trial.
METHODOLOGY
In fact, our firm has extensive experience with obtaining bail for foreign defendants to travel outside of Thailand. Each case has significant differences and each bail application stands on its own merits and the strength of the arguments presented. Offering a high amount of bail to guarantee the defendants return was not an option as the defendant only had access to a small amount of money. Barrister Garn Tuntasatityanond and the firm’s legal team spent a great deal of time with the defendant learning about and exploring his particular situation, his background, his family ties, medical history, business associations, assets owned, etc. In essence Barrister Garn Tuntasatityanond wanted to convince the court that it was actually a hardship for the defendant to travel outside of Thailand, but his travel outside of Thailand was necessary in order to secure the funds needed to pay retribution to the victim of his crime.
IMPLEMENTATION & RESULT
Barrister Garn Tuntasatityanond prepared an extensive brief for the court arguing the merits of allowing bail by citing multiple reasons why the defendant would return to Thailand, as well as citing reasons why the defendant needed to return to Thailand and why it was a hardship for the defendant to travel outside of and leave Thailand even temporarily.
The court agreed with the arguments contained in Barrister Garn Tuntasatityanond extensive brief and approved bail allowing the defendant to travel outside of Thailand.
Crime: Fraud, Embezzlement, forgery
Outcome: bail approved allowing the defendant to travel outside of Thailand.