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ResourcesThailand Criminal LawBail in ThailandCriminal Prosecution in Thailand: Courts Setting Bail

Criminal Prosecution in Thailand: Courts Setting Bail

Transcript of the above video:

As the title of this video suggests, we are discussing bail in the Kingdom of Thailand in association with a Criminal prosecution. 

For those who are watching this video, it should be noted that there are prior videos in this series with respect to these issues and I would urge those who at this point have not seen those videos to go to the search function of our channel and Google Criminal Prosecution in Thailand: Police Investigation Phase; that will take you back to Episode 1 of this series so you can go ahead and view this all the way through in its entirety. 

A couple of things: we just finished our segment on Entrance of a Plea so we are now presuming at the same time that during the plea phase we also may be dealing with bail. So up to this point in other videos I have noted that there is going to be significant changes with respect to a sort of a complaint brought by an individual and then the police looking into that complaint as opposed to the police just catching someone in the act of what they perceive to be the commission of a crime and going ahead and arresting and detaining them at that time. At the plea phase you are probably going to go ahead and have to deal with the matter of bail; whether or not the individual needs to be incarcerated or if bail can be paid in lieu of incarceration and that individual can be at liberty while the trial progresses.  Now a Judge may determine that bail is unnecessary; a Judge may determine that bail is necessary; a Judge may determine that incarceration without bail is necessary. So that is all at the discretion of the Judge. At this point it is probably; in fact it is very fair to point out that I am not a Thai Attorney. As noted in the other videos, I am not licensed as an Attorney in the Kingdom of Thailand. I am an attorney qualified by the United States. I have a law degree from the US. I am a Thai citizen. That being said, I am not qualified to represent individuals in the Thai Court system as I am not an attorney at law in the Kingdom. I am the Managing Director of our firm here. We have Thai Criminal Defense Attorneys on hand here. They handle those cases directly with our firm and it should be noted that I had them go ahead and vet the information provided, the bullet points I am sort of going off of to make this video. This video is simply provided for informational purposes only. It is to provide an informal sort of superficial overview of how the criminal prosecution will work in the Kingdom; specific to this video with respect to how bail may work in the Kingdom, whether or not bail is issued at etc. So take this take this video for what it is.  It is simply an overview. Folks that are looking for further information should go ahead and contact a Thai Legal professional, specifically an attorney licensed to practice Thai Law in the Kingdom; especially if one is subject to a criminal prosecution it could be a good idea to have Thai legal representation in order to basically defend oneself as best one can.

But the thing to take away from this video specifically is Yes, bail may be a possibility in the Kingdom of Thailand at the phase at which you're dealing with a plea. If one has already been detained, that is generally where you are going to be dealing with bail.  Again, the Thai Judge is going to go ahead and look at the totality of the circumstances associated with bail in the Kingdom of Thailand. So the totality may be: Has the person lived in Thailand for a prolonged period of time? Do they have family? Do they have work ties to the Kingdom etc.? Are they simply here for a short period of time? Do they represent a flight risk etc.? If they do represent a flight risk, are there things that can be done that mitigate that flight risk?  All of these are things that are going to be taken into consideration by a Thai Judge with respect to the issue of bail. In some circumstances and I have seen this happen, the Judge simply says "No, bail will not be issued under these circumstances!"  It is difficult to foresee under any circumstances how the Judge is going to react to the totality of a given set of circumstances in a given case but again it is probably a good idea to have legal representation in order to put oneself in the best possible posture possible to obtain bail and thereby be at liberty while a trial is proceeding.