Legal service for foreign clients
Bail & Provisional Release at Every Stage in Thailand
Assess custody orders, release grounds and the competent authority's conditions.
Quick answer
Apply for provisional release according to custody status and section 106. Money is not always required: section 110 requires a bond for a maximum prison term exceeding ten years, but security may be unnecessary; other cases may permit no bond, a bond or both bond and security. The authority assesses grounds and conditions; approval and same-day release are not guaranteed. Contact our team for a quotation and availability, separate from security and third-party costs.
Contact our team for a quotation — Contact our team for a quotation · Prompt consideration is required by law; no decision or release date is guaranteed
Who this is for
- Families whose relative was arrested and needs urgent bail
- Suspects summoned to hear charges
- Foreign nationals needing assessment of release grounds and supporting records
- Employers assisting staff charged over work duties
- Defendants whose bail was revoked or previously refused
What you receive
- A provisional-release petition with reasons drafted to the facts of the case
- Verifying and assembling security that meets the court's or investigator's criteria
- Attending the reading of charges and steering how statements are given
- Opposing detention requests and seeking a reduced bail figure where grounds exist
- Appealing an order refusing provisional release
- Explaining every condition and reporting date clearly to the family
Documents to prepare
- ID or passport of the accused and of the surety
- House registration and proof of relationship to the accused
- Security records only where required and acceptable under applicable rules
- Salary certificate or civil-service position letter
- The arrest record or summons received
How it works
5-step process
- 1
Take the matter and pin the stage
Establish whether it sits at investigation, detention, or court stage — different authorities decide.
- 2
Assess bond and security requirements
Check section 110, applicable rules and section 108/1 refusal grounds before selecting documents; a schedule amount or available assets does not ensure approval.
- 3
File and attend the hearing
Show no flight risk, no interference with witnesses, and a settled address.
- 4
Collect the accused and explain conditions
Set out the restrictions, reporting dates, and the consequences of any breach.
- 5
Review orders when the case changes stage
Check continuing release orders and bonds; new applications, changed conditions and trial defence need an agreed scope, not automatic coverage through every stage.
In depth
Bail & Provisional Release at Every Stage: what foreign clients need to know
In custody, establish the start time, charge and governing order before identifying where to apply. Custody limits and release-decision timing are separate questions; ready assets do not guarantee return home that night. Counsel assesses grounds, conditions and evidence, with availability confirmed for the individual case.
The three stages of release, and who holds the power at each
Section 106 allocates requests by custody authority and procedural status. Check the competent officer in investigator or prosecutor custody; detention under a court warrant requires application to that court even before indictment. After filing or during appeals, identify the specified court and procedure. File transfer to a prosecutor alone does not move release authority away from a court.
Record time, location, charge and warrant rather than assuming remand always results from unprepared security. Section 107 requires prompt consideration, but refusal grounds and actual release require separate assessment. Retain authority details and orders to coordinate the correct procedure.
Security that is actually accepted, and the amounts usually asked
Section 110 distinguishes bond liability from security. A maximum prison term exceeding ten years requires a bond but may not require pledged assets; other cases have statutory alternatives. If security is needed, check its form, ownership, valuation and applicable rules. Cash, employer letters or positions are not immediately acceptable in every case.
Assess sections 108–108/1, including seriousness, evidence, flight, interference and danger, with proportionate measures. Compensation or offering EM does not automatically reduce security or secure approval. Section108 paragraph3 requires EM consent; under18 consent also needs serious danger to others or another appropriate reason. Supporting evidence should address refusal grounds without an uninformed admission.
Duties after release, and why bail gets revoked
Check actual appointments and ordered travel or reporting conditions. Breach may result in changed orders, a warrant or bond enforcement, not automatic total forfeiture. Section 119 concerns bonds before a court and permits waiver or reduction under its conditions. Assess the reason and orders before concluding liability.
The accused and surety should retain orders and track dates. If attendance is impossible, notify counsel with evidence to seek directions; a call or medical certificate does not itself authorize postponement. Reminder and post-release applications require an agreed scope, not guaranteed prevention of every default.
Cost structure: government fees vs professional fees
| Item | Official fee | Professional fee | Note |
|---|---|---|---|
| Filing for release at the police stage | No government fee | Contact our team for a quotation | Includes attending the investigating officer and negotiating the security amount |
| Filing at court and attending the hearing | Verify charges actually required; no unsupported hundreds-of-baht petition fee is stated, and security is not a filing fee | Contact our team for a quotation | Higher-penalty cases need more supporting grounds and witnesses, so the fee is higher |
| Preparing and vetting the security | Land appraisal certificate or bank balance confirmation charges | Contact our team for a quotation | Check requirements before preparation; acceptance or completion in one visit is not guaranteed |
| Bail insurance policy | Insurer premiums and terms are private costs, not government fees; check the actual insurer quotation | Contact our team for a quotation | Suits families without a large cash sum available that night |
Illustration: learning of custody in the evening
Situation: Assume the family knows the station but has not seen the custody order.
Assessment points: Establish charge, time and authority before assessing whether a bond or security is required.
Illustrative example; outcomes depend on the facts and the authority's decision.
Illustration: assessing a refusal order
Situation: Assume a refusal cites flight risk and the original documents do not explain residence.
Assessment points: Assess reasons, appeal and renewed-request routes with relevant evidence rather than simply increasing money.
Illustrative example; outcomes depend on the facts and the authority's decision.
When to act, and when waiting is fine
Call a lawyer the moment you learn of the custody
Obtain details and orders promptly to identify the procedure; no attendance time or likelihood of release is assured.
Compare options when cash is unavailable
Assess release without security first, then insurer costs and terms; insurance is not guaranteed cheaper or acceptable in every case.
Pair compensation talks with the bail application
Assess legal consequences and wording before negotiations; compensation guarantees neither reduced security nor a particular judgment.
Refile when the first application is refused
Section 119 bis preserves a fresh application; address refusal reasons and add information where available, without a universal changed-circumstances prerequisite. Appeals require checking the finality of an appellate affirmance of trial-court refusal.
FAQ
Frequently asked questions
How does police-stage bail differ from court bail?
Section 106 follows custody status, not file transfer alone. Apply to the competent investigator or prosecutor while held under their authority; where detained under a court warrant, apply to that court even before indictment. Check section 113 and existing orders on a stage change; police security is not necessarily lower.
No cash for security — what then?
First check whether security is needed: section 110 distinguishes a bond from pledged assets. If required, verify forms under applicable rules; employer letters or positions are not universally acceptable. EM may be a condition, not an automatic cash substitute. Insurance has private premiums and terms; acceptance or premium refund is not guaranteed.
If bail is refused, is that final?
Under section 119 bis, check the appeal route: trial-court refusal goes to the Court of Appeal and an appellate refusal to the Supreme Court as applicable. Appellate affirmance of a trial-court refusal is final, but does not bar a fresh application. Further evidence or conditions may address refusal reasons; changed circumstances are not a universal prerequisite to reapply.
What happens if conditions are breached?
Depending on the breach and orders, release may be varied or revoked, a warrant issued or the bond enforced. Section 119 governs court-bond enforcement and permits waiver or reduction under its conditions; full forfeiture and a warrant are not automatic in every case.
When is the security returned?
Section 118 returns security to the entitled recipient when the case is final or bond liability ends under section 116 or another ground. Check orders and outstanding liability; a first-instance judgment is not necessarily final. Pledged money or property differs from private insurance premiums; immediate return is not guaranteed.
Can foreigners get bail?
Foreign nationals may apply. Assess flight risk, evidence interference, danger and conditions individually under sections 108–108/1. Nationality alone does not impose higher security or passport surrender on everyone; approval and travel permission are not guaranteed.
How many hours does bail take?
Section 107 requires prompt consideration, but custody status, objections and orders matter. No universal 2–5 hour decision is promised, and decision time differs from actual release.
Can a land deed be used as security?
It may be offered if the applicable rules permit; check ownership, encumbrances, valuation and required documents. Not every deed is accepted or immediately substitutes for cash.
If the defendant absconds, does the surety lose everything?
Check the bond, breach and order. Section 119 allows judicial waiver or reduction under its conditions; loss of all pledged assets is not automatic. Understand liability and challenge routes; a reduction is not guaranteed.
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Written by: Thai Law & Accounting Services — attorneys and licensed accountants
Professional review: A lawyer must review the applicable law and facts before use in a real matter. This notice does not establish that this page has been reviewed or certified by a lawyer.
Last updated: 2026-08
Information as of August 2026. Government fees and processing times change — verify with the relevant agency before acting, or let our team verify for you.