When the worst happens
Most readers of this guide are reading it in a moment of crisis — a phone call from a relative who has been detained, a Thai colleague pulled in for questioning, a foreign partner whose passport has been confiscated. The first 24 hours shape the rest of the case, and most of the costliest mistakes are made in this window.
This guide is what we tell every client when they call. It is structured so that you can navigate to the section you need, in the moment you need it.
If you are in an active criminal matter, stop reading and call us at +66 92 254 2045. This guide is general information.
Sections
- The first 48 hours after arrest
- Your rights in custody
- Police interrogation — what to do
- The bail system explained
- Court procedure overview
- Plea bargaining in Thailand
- Sentencing and appeal
- Foreign nationals — special considerations
- Costs and legal aid
- How we work — what to expect from your defense team
1. The first 48 hours after arrest
Thai criminal procedure (Criminal Procedure Code, B.E. 2477) gives police a maximum 48-hour detention authority before a court must approve continued detention. This is the most important window of the entire case.
Within 48 hours, the following must happen:
- The detained person must be informed of the charge and their rights.
- They must be allowed to contact a relative or attorney.
- An investigation report must begin.
- Bail can be applied for, though most courts grant first bail at the second-day hearing.
What you must do in this window
- Call an attorney immediately — even before knowing all the details.
- Do not give a statement until your attorney is present.
- Do not sign anything other than the receipt of charges.
- Take photos of any visible injuries — police custody injuries are not unheard of.
- Identify all witnesses to the alleged events — memories fade; document now.
4. The bail system explained
Bail in Thailand can be posted as:
- Cash deposited at the police station or court
- Real-property title (chanote) lodged with the court
- Bond from a licensed surety company
- Personal surety of an approved senior official
The amount is set by reference to Criminal Code penalties and case-specific risk (flight risk, evidence destruction, witness tampering). For non-violent offenses with a maximum penalty under 10 years, bail is typically THB 50K-500K. For violent or major economic crimes, bail can range from 1M to 30M THB.
Foreign nationals face an additional hurdle: courts often request passport surrender as a condition. We negotiate alternative travel-restriction conditions where possible.
10. How we work — what to expect from your defense team
Our criminal practice operates on three principles:
- 24/7 availability for active matters — call +66 92 254 2045 any hour.
- Senior attorney involvement at every hearing — no rotation of junior associates.
- Strategic decision-making with the client — you are not a passenger; you are a partner.
— Suwanvara Law Firm