Legal service for foreign clients
Criminal Defense — Bail, Defamation, Fraud in Thailand
Charge assessment, investigation representation and statutory appeal options.
Quick answer
Before questioning, assess the charge and rights: counsel or a trusted person may attend, the suspect may give a statement or remain silent, and temporary release may be requested. Approval is not automatic; reasons, conditions and security depend on the competent authority. Contact our team for a quotation and confirm counsel availability.
Contact our team for a quotation — Contact our team for a quotation · Timing depends on the investigator, prosecutor and court
Who this is for
- Those served with summons / arrested
- Victims wishing to file a complaint
- Defendants charged with criminal offenses
- Foreign nationals in Thai criminal proceedings
What you receive
- Counsel present at police interrogation
- Bail petition — Criminal Court or Provincial Court
- Defense at all trial and appellate levels
- Assess interpreter rights and coordinate the required language
- Receive arrest details and confirm counsel availability
Documents to prepare
- Summons / arrest warrant (if any)
- ID card / passport
- Residence, dependants and security documents only where required
How it works
5-step process
- 1
Receive summons and custody details
Check custody location, charge and appointment before confirming counsel; no immediate pickup or arrival within two hours is promised.
- 2
Charge & rights briefing
Explain charge, sentencing range, and rights.
- 3
File bail
Identify the competent authority; prepare the request, supporting grounds and any required security. The decision depends on law, circumstances and the authority's order.
- 4
Trial preparation
Assemble witnesses, build defense theory, challenge prosecution.
- 5
Trial + judgment
Advocate at trial, assess appeals.
In depth
Criminal Defense — Bail, Defamation, Fraud: what foreign clients need to know
Before an initial statement, establish the charge, custody status and rights. There is no universal 48-hour window that determines a case. Both the statement and how evidence was obtained may need later examination. Counsel reviews records and evidence on both sides and agrees attendance at each stage without guaranteeing the outcome.
The investigation stage: what to say and where to stay silent
Sections 134/3–134/4 protect the choice to speak or remain silent and attendance by counsel or a trusted person. Section 134/1 distinguishes state appointment: counsel must be provided if absent in death-penalty cases or for suspects no older than eighteen when charged; in imprisonment cases, where absent and requested. The provision has an urgent-case exception with conditions. Check the charge, age and warnings rather than assuming identical appointment duties in every case.
This stage is also the window for evidence that vanishes fast. Camera footage in many premises is overwritten within weeks, and call records and electronic traces have retention limits. We therefore ask the investigating officer to gather defence evidence at the outset rather than waiting for trial.
From investigation file to the decision to charge
Previously unconsidered evidence may be presented through the applicable petition-for-justice procedure. Repayment or authority documents must be assessed against intent and the elements at the material time; they do not automatically negate fraud or misappropriation. A petition guarantees neither non-prosecution nor suspension of appointments.
If charges are laid, we split the work in two. One track is legal: whether the conduct satisfies every element of the offence. The other is factual: whether the prosecution evidence reaches the standard beyond reasonable doubt. The two draw on different material, and merging them usually blurs the submission.
Sentence, suspension and the life that follows the case
Clients usually ask about acquittal first, yet in many cases the form of the sentence matters more to their life. Compensating the injured party and presenting documented mitigation weighs materially on judicial discretion, so we build the mitigation bundle alongside the main defence from the start.
The second thing to plan early is the effect on work status and travel. A pending criminal matter can bear on work-permit renewal and some visa applications. Foreign clients should understand these side effects before deciding whether to plead or fight, because the quicker route may be paid for with a record that follows them for years.
Cost structure: government fees vs professional fees
| Item | Official fee | Professional fee | Note |
|---|---|---|---|
| Attending questioning at the investigation stage | No government fee | Contact our team for a quotation | Travel is added where the station is upcountry |
| Petition for justice to the public prosecutor | No government fee | Contact our team for a quotation | Best value where documents plainly contradict the allegation |
| Defending a first-instance criminal trial to completion | Separate criminal proceedings from associated civil relief; check copying or specific service charges, not a fee assumed for every application | Contact our team for a quotation | We state the expected hearing count and its fee impact up front |
| Mitigation bundle and settlement with the injured party | Separate compensation or required deposits from fees; check the legal basis and court directions rather than treating every deposit as a government charge | Contact our team for a quotation | Compensation and mitigation may be considered but do not guarantee sentence reduction or suspension |
Illustration: partial delivery in a fraud allegation
Situation: Assume a contractor faces an allegation after partial delivery and a changed scope.
Assessment points: Assess emails, acceptance records and refunds together with pre-payment representations and alleged intent.
Illustrative example; outcomes depend on the facts and the authority's decision.
Illustration: preparing mitigation
Situation: Assume an accused person must assess the plea and employment consequences, rather than plead solely for quick closure.
Assessment points: Review evidence and advice before deciding; assemble verifiable compensation, history and dependant records.
Illustrative example; outcomes depend on the facts and the authority's decision.
When to act, and when waiting is fine
Call a lawyer before giving any statement
Investigation statements are usable at trial and are the hardest thing to walk back.
Seek electronic-evidence preservation promptly
Check the actual holder and retention policy; the first week is not a universal safe period or statutory deadline.
Consider a petition for justice when documents clearly contradict
Assess the available procedure and new evidence; non-prosecution, record removal and quicker closure are not guaranteed.
Do not let relatives negotiate with the injured party alone
Careless negotiation messages can become evidence confirming the conduct.
Documents in detail
| Document | Issued by | Certification / translation | Validity |
|---|---|---|---|
| Summons naming you as suspect, or the arrest record | The investigating officer at the station that took the complaint | Ask for a copy initialled by the investigating officer | It fixes your reporting date — attend on time |
| Any statement you already gave during investigation | The investigating officer | No certification, but re-read it against what you actually said | It follows the whole case and is very hard to walk back |
| Documents supporting provisional release | Applicant and relevant document issuers | Check the authority's requirements; if offering property, confirm the required ownership and valuation documents | Security is not required in every case; check the charge and applicable order |
| Evidence placing you elsewhere at the material time | Employer, mobile operator, or CCTV holder | Get a letter from whoever holds the data — CCTV is usually overwritten on a cycle | Request preservation promptly; retention depends on the holder, system and applicable law, not a universal 7–30 day CCTV window |
Timeline and who does what
| Stage | Owner | Duration | Detail |
|---|---|---|---|
| Urgent consult before you give a statement | Handled by our team | Confirm counsel availability before arranging attendance | We identify the charge, its penalty range, and whether to answer or exercise your right to remain silent at this stage. |
| Attend the police interview with counsel | Handled by our team | On the date in the summons | Agree which interviews counsel will attend and review charges, rights and the record before signature; attendance at every interview is not automatic. |
| Bail application and opposing detention requests | Depends on the agency | Decision timing rests with the competent authority; no same-day ruling is guaranteed | We prepare the security plus grounds on settled residence, dependants, and absence of flight risk. |
| Public prosecutor stage | Depends on the agency | Depends on the file and prosecution process | We file a petition for justice with fresh evidence, seeking a non-prosecution order at this stage. |
| Trial and judgment | Depends on the agency | Depends on court scheduling, issues and witnesses | We keep the defence theory consistent across hearings and always prepare mitigation in parallel. |
Common pitfalls
Giving a police statement without counsel, then facing it in court
Ask to postpone and bring counsel before answering anything
Paying the complainant without a properly drafted settlement record
Execute a settlement and formal withdrawal so a compoundable offence genuinely ends
Losing your own evidence — for example CCTV overwritten
Send a preservation request the moment you learn of the allegation
Missing a date or breaching conditions may lead to an arrest warrant, a changed release order or enforcement of the bail bond
Check hearing dates and release conditions with counsel; if unable to attend, explain the reason and seek directions. Notifying the team does not substitute for court permission
Doing it yourself vs working with us
| Aspect | On your own | With our team |
|---|---|---|
| Investigation stage | Answering everything out of fear of looking evasive | We answer selectively on favourable points and place objections on the record |
| Bail | Assuming every request requires cash or property security | Check whether a bond or security is required, then prepare reasons and evidence for the competent decision-maker |
| Chance of ending before trial | Unaware that a petition to the prosecutor is possible | We use the prosecutor-stage channel systematically when the evidence allows |
FAQ
Frequently asked questions
Arrested at 2 AM — what now?
Ask for the charge and grounds of arrest, notify a relative or trusted person, seek counsel and medical care if injured. You may speak or remain silent; speaking is not universally prohibited. Confirm assistance availability; immediate attendance is not guaranteed.
How much for bail?
Not every release request requires money. Under section 110, a maximum prison term exceeding ten years requires a bond, but security may be unnecessary. Other cases may permit release without a bond, with a bond or with both bond and security. Check applicable rules and individual orders; EM may be a supervision condition, not an automatic cash substitute. Approval is not guaranteed.
Police used force?
Get a medical examination and record injuries promptly, inform counsel, and complain under the Prevention and Suppression of Torture and Enforced Disappearance Act 2022 to an inquiry officer, public prosecutor, administrative officer or the DSI; a disciplinary complaint can also go to police internal oversight.
Online defamation penalty?
Defamation by publication under Criminal Code s.328: up to 2 years and up to THB 200,000. Since the 2017 amendment, Computer Crime Act s.14(1) does not cover defamation.
Do foreigners get equal rights?
Foreign suspects have criminal-procedure rights. Section 13 requires the investigator, prosecutor or court to arrange interpretation without delay when a suspect or another specified person cannot speak or understand Thai. State payment covers interpretation arranged under that section, not every privately chosen interpreter; visa or travel outcomes are not guaranteed.
The police have summoned me — must I attend?
Attend as summoned with counsel; ignoring it without explanation can lead to an arrest warrant.
Can a statement given without counsel be withdrawn?
Absence of counsel does not make a statement automatically admissible or automatically disappear. Check appointed-counsel duties under section 134/1 and section 134/4: statements obtained before rights notification or compliance with sections 134/1–134/3 cannot be used to prove that person's guilt. Distinguish admissibility, weight and supplementary statements.
Can criminal and civil cases from one event run together?
Yes, and one outcome may be cited in the other, so we align both tracks deliberately.
Do foreign clients need an interpreter at questioning?
Section 13 requires authorities to arrange interpretation without delay where the person cannot speak or understand Thai. Check interpretation of charges, rights and records; state payment under that section does not make all private interpretation free.
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.