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ResourcesThailand Criminal LawBail in ThailandBail and Bail Bonds in Bangkok, Thailand

Bail and Bail Bonds in Bangkok, Thailand

A subject that often arises in the context of Thai criminal law pertains to bail. Those who have come into contact with the Thai criminal justice system have been known to ask: is there a mechanism for receiving bail in Thailand? The answer to this question, under most circumstances, is: yes. With the exception of offenses which the Thai Courts deem to be of a nature which would not support bail. In most cases bail is granted to defendants in criminal matters. This is true for foreign nationals as well as Thai nationals. However, it should be noted that criminal matters where a foreign national is accused of a crime in Thailand could result in immigration implications for the foreign national defendant. For example, the foreign national’s visa status could be revoked and they could be placed in a visa status pursuant to their status as a defendant. In essence this is a “court appearance visa”. Another implication of criminal accusation against a foreign national in Thailand could be eventual immigration blacklisting of the foreign national.

On the topic of bail in Thailand it should be noted that those seeking bail must undergo a hearing before a Thai judge to determine whether the granting of bail is appropriate under the circumstances of the case and the amount at which bail should be set. The answer to both of these questions will be determined by the Court. It should be noted that the defendant will be given an opportunity to have his or her argument in favor of granting bail heard. Some Courts may even entertain discussion on the amount of bail which should be set. As it is ultimately up to the Court’s discretion in bail matters it is very important to retain the services of a Thai criminal defense attorney with experience seeking bail. Such a professional can be useful in providing insight into the Court’s analysis of bail requests and the reasoning behind approval and denial of such requests. In some cases, foreign nationals who do not understand the Thai language may benefit from a foreign legal professional assisting the Thai attorney in explaining the aforementioned procedures and analysis to the client.

In American States (as well as other common-law jurisdictions) the role of the bail bondsman is quite well understood. Such individuals put up the total amount of bail in exchange for some form of surety from the defendant as well as a fee for services rendered. The bail bondsman is then required to ensure that the defendant appears in the court when summoned. In Thailand, there is not a counterpart to western notion of the bail bondsman per se. In individual ad hoc cases a third party may be willing to post bail on an individual’s behalf, but such relationships are not as formalized in Thailand when compared to other legal systems.

In cases involving foreign nationals seeking bail in Thailand a major issue revolves around liaising with a defendant’s family or friends in their home country in an effort to see to it that necessary funds are remitted to the Thai courts so that the defendant will be released. Under these circumstances a firm such as ours can be of assistance as our foreign legal staff can liaise with family and friends abroad while our staff of skilled Thai attorneys and legal professionals can ensure that a foreign defendant receives the best legal advice and representation possible.