Interesting Letter Regarding Drug Crime In Pattaya, Deportation & Fines For Farang Involved In Drugs

SOURCE: Pattaya Today Newspaper: Letters Page: July 17th 2008

Double penalty

I AM writing to complain about the Thai system of doubling punishing foreign offenders. My brother was arrested in Pattaya for a very small offence of possessing a minute quantity of marijuana. Although he got bail within 48 hours of his arrest, he had to spend three months hanging around before the court finally fined him 10,000 baht and ordered his deportation which I understand is normal.

His lawyer managed to get back his passport and my brother went directly to Suvarnabhumi airport where he was fined 20,000 baht for being on visa overstay before boarding his flight. This was ridiculous as he was unable to renew his visa whilst on bail as the passport was in the court and unavailable.

I realise that every country has to have its own laws and regulations but what happened to my brother amounted to an unavoidable trap in which extra cash was used to fill a bureaucrat’s pocket.

Name and address withheld

Editor replies:

The deportation order meant that your brother should have been taken under escort by the immigration police. They would have had the court clearance documentation necessary to remove the overstay flag in the airport computer.

The lawyer in this case seems to have managed to avoid having your brother formally deported as he (your brother) went to Suvarnabhumi under his own steam. Obviously, this is where he hit a problem as he did not have the correct paperwork to pass immigration control.

Actually, your brother was fortunate to be allowed to board his flight after paying the overstay. He might well have been arrested again as the immigration police had not escorted him.

Simple solution to this one...dont do drugs in thailand, then you dont get deported and dont get fined twice.

Better solution : don't do drugs ANYWHERE!!!!

cheers

onzestan

legal ones too ? why should,nt people do what they choose ?

Obviously, the key word there is "legal".

As for letting people do what they choose ? I have a hard time taking that question seriously. Are you referring to doing what ever drugs they choose, how/when/where and why they choose ?
Yeah, that's what we need, coke/crack/speed/heroin/meth/etc junkies all over the place. Wow. Sounds like paradise (or downtown Vancouver). (IMG:style_emoticons/default/dry.gif)


Reference the letter itself.
If people want to do things that are illegal (here) and don't like the laws (here), the simply solution is DON'T come here. Go somewhere where smoking pot (or main-lining smack or what ever your personal preference is) is legal.

You want to come here and flout the laws, then don't whine about the price you have to pay when you get caught. There are bars in the UAE, and you can drink yourself silly without problem. However, I know that public drunkeness is NOT tolerated (just like public sex on the beach). I know if I get caught staggering down the street plastered, I'll end up in jail (if caught). So guess what ? I DON'T do it. Wow. Pretty simple. Not sure why so many people have a problem with the concept though. Maybe some people think they are above the law (generally only works if you are filthy rich and/or politically connected).

The subject of this particular letter got off easy. Had he done the exact same thing in the UAE, the minimum sentence is 4 years in prison. This guy spent 2 days in jail, got nailed for 30,000 baht (fine and over-stay), plus lawyers fees, and got an extended holiday. And from the sounds of it, wasn't actually deported so is (possibly) eligible to return in the future.

And to think he could have avoided all that by simply not smoking pot in a place where it is illegal. Staggering concept.

It's a little difficult to feel sorry for the guy, but that said, even if you do something wrong, your rights should be protected.

marijuana is not a drug!

Whatever, but you still get arrested and deported for it (IMG:style_emoticons/default/rolleyes.gif)

Such a system is called anarchy. (IMG:style_emoticons/default/rolleyes.gif)

The moral of the story is don't do drugs ih Thailand.

I agree with most posters, drugs are illegal in Thailand and we have no sympathy with him.

But saying that the OP has raised a very valid point of the double jeopardy issue, as he was prevented from leaving why should he be fined for overstaying also.

What would happen if a person was held or prevented from leaving Thailand and eventually found not guilty or the charges dropped but were fined for overstaying, would that not be an injustice?

BB

Here's a true 'for instance.'

I get a DUI (drunk driving) charge in the US. I post bond, get bailed, go to court. No contest, options are jail or probation. I am due offshore immediately and my lawyer pleads this to the judge along with first offence, gainfully employed, professional, etc., I should be granted probation. The judge agrees to probation and terms are set including keeping his court secretary fully informed of my movements. I complete the first 2 mandated terms of my probation before I get the call to head offshore. I try to make an appointment with the PO's office, no return phone calls or emails. I visit the office, not there. After 5 days offshore, I return and call again, I don't even have the PO's name yet so I call the court secretary and say I can't proceed with step 3 until the PO talks with me, THEIR rules. I am due overseas on a longer trip, she says OK, noted, go ahead.

Fast forward 6 weeks and 24-hours before I am due to fly back to the US, my lawyer calls and says don't travel as my bail had been revoked and a warrant issued for my arrest. Once he confirms that it shouldn't be flagged in Immigration computers yet, I fly in. While I was away, the original PO that was assigned (that I never, ever met) handed some of his caseload over to a fellow PO. This PO came to my lawyers office and left his card and nothing else (my lawyer was in court). Two days later, this PO jerks my bail as I am an 'absconder' and issues an arrest warrant. The way the system is set up, I have to turn myself in and because I am charged as absconding on a DUI, it's real, real bad. In fact, I will probably spend at least 3-4 days in jail before I can see the judge and since the new 'higher' charge is in place, bail is no longer an option when he sets the actual court date. Factor into this that the judge has a real hard-on for DUI's and 'saving souls', the chances are I will do real time, up to 6 months. All because a lazy PO didn't read the case file or a court secretary blew smoke up my arse.

So, if an honest persons rights are trashed in the good old land of the free and home of the brave, what hope for a higher order foreign offender here in Thailand?

I would think that, after being cleared there should be some official paperwork that you'd take to Immigration. This used to be a problem when people ended up in the hospital for some reason and as a result were on overstay by the time they got out.

I figure the miscreants own lawyer deliberately didn't advise his client of the procedure and in cahoots with the immigration cops, gets his cut of the overstay fine because the paperwork did exist to waive it but only two people know that, the lawyer and the immigration cops.

I doubt that many farangs busted for drugs and deported make a hue and cry before they leave or when they get home. I wonder why that is?

The guy should just be thanking his lucky stars he got off with just a £500 fine.

If he hadn't broken the law he wouldn't have been in a situation where he overstayed so the overstay is a perfectly just fine.

I agree that if he had been found innocent the judge should have issued a letter allowing him to avoid the overstay fine.

oh dear-please people, think a little carefully about what you say- no you do NOT go to jail if you take drugs, only ,if you get caught..
if you are,nt able to pay off the cops, judge, etc, etc- again, look where we are...
and you can just walk straight back in..as many have done.
Its very easy.
A 'deportation means almost zero for anyone with a little cash/knowhow.
Yes, make ,em all legal. I think, and research has been done that there would,nt be a big raise in junkys.
there is a limit to how many people want to take such things
but crime would fall, and so would the money/time wasted in punishing the users
Or continue to fight a war we,ll never win.
Stop treating people like babys. Stop blaming dealers all the time. Look further.
Obviously the war on drugs is not working-because it so stupid and ill-informed.Its anti natural- so will never work.
people will never stop,its the 5th need, and besides, most peoples lives are so dull drugs gives them a bit of fun.
the addictive personality will always find a way to mess him self up. Sadly.
If things were legal at least they would,nt find themselves possibly buying really bad things from bad people and face possible prison sentances and danger .Thats just so stupid.
Puting away some poor john because he,s taken something. What does that really achieve?
s
There is a middle ground- how to do illegal drugs in damage limiting way, and if legal they,d get consulling, and the big bosses would lose power.
hence, it probabaly will not happen

doesn't all this mean that as he is just a "over-stayer" he should be allowed back into Thailand whenever he wants.........as he wasn't deported?

This post has been edited by kedawi: 2008-08-14 10:34:39

This topic is, I believe, not about what the law should be, or whether marijuana is a drug or not, it's about an existing law.
Why is it that some persons don't mind to break the law, but then when they're caught, they're only excuse is that the law is unjust from their point of view.
And to junki3korean, maybe you don't know this, but it has been proven that one joint contains 20 times more poisonous chemicals than a whole packet of cigarettes. You might want to do some research before making ridiculous claims.
Just my 2 cents

onzestan

He only had a wickle bit on him,what drivel.

i only smacked hiim 3 times your honour
i was only a little bit pissed when i smashed my car into a young girl crossing the road.
i only raped her a little bit.
i only cracked him over the head with a little bottle of beer.

address withheld,i wonder why.

I suppose that was the first time he ever smoked in Thailand and the first time he had a little bit on him.Never has he had bigger quantities.this is so unfair.

Posible...

But more likely not, still either way I think he got of lightly, I just think that if he was prevented from leaving Thailand and this was the reason for his overstay he should not be fined for the overstay.

BB

If that was me, i'd pay the fine, pay the overstay and even give the immagration a tip.. then tell the pilot, to stick his foot on the pedal and get me the f@%k out of here (IMG:style_emoticons/default/biggrin.gif)

I can't beleive this guy is complaining... this lad got off lightly, people tend to forget where they are.. anything goes here and there aint no real justice system with set rules.. if you get caught with something illegal like this and are lucky enough to pay a large fine on the spot, it aint the rules but its a lot better than time in the bin.. get on with mate and stop whining..

I reckon he did get off very lightly and he got a three month hoiday in Pattaya to boot.

That is a bonus.

Yeah it is cruel that you can be locked up for a bit of weed but many countries have laws much stricter than Thailand.

UAE is a case in point where a smidgin of weed gets you four years in a Emirati hel_l hole.

Singapore is pretty bad as well.

On top of it all he could have paid a few thousand baht in the right direction and nothing would have happened.

Silly boy....live and learn

Don't mess with drugs in Thailand or SEA and you won't have any problems. Not really that hard of a concept. (IMG:style_emoticons/default/smile.gif)