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FAQs Relating to Getting Arrested in Thailand

Rights, Procedure & What You Should Do

Being arrested in Thailand can be frustrating and upsetting for foreigners who are unfamiliar with Thai law. This FAQ explains your legal rights, what happens following an arrest, how long you may be held, and what you or your family should do immediately.

What should I do if I am arrested in Thailand?

Remain calm, avoid arguments, and exercise your right to remain silent until you have legal representation. You can gently state that you won't respond to questions until you have consulted a lawyer.

You have the right to request:

To Speak to your lawyer
A qualified interpreter if you cannot speak Thai
Medical attention if needed

What Are My Legal Rights When Arrested in Thailand?

Upon arrest, you have the right to:

Be informed why you were arrested
If applicable, ask to see the arrest warrant
Remain silent and refuse to answer questions until a lawyer is present
Consult privately with a lawyer before interrogation
If you don't understand Thai, get an interpreter
Contact your family or employer to notify them of your situation
Request medical treatment if necessary

Additionally, foreign nationals can ask for notification from an embassy or consulate.

What is the difference between arrest with a warrant and without a warrant?

With a warrant:

A court-issued arrest warrant must be presented by the police.
Your name and the alleged offense must appear on the warrant.

Without a warrant:

Police may arrest you without a warrant if you are:

Captured "in the act" of committing a crime
Highly suspected of committing a serious crime and in danger of escaping
Found in possession of illegal items (such as drugs or unlicensed weapons)

How long can I be detained?

You may be detained by police for up to 48 hours before transfer to court. The court may then grant longer remand periods if the investigation is still ongoing, particularly for serious crimes. Pre-trial detention may be extended multiple times depending on the case. During detention, you have the right to contact a lawyer and your embassy.

Do I have the right to bail?

Yes. In most cases, a suspect is entitled to request bail. However, approval depends upon a number of factors, including:

Nature and seriousness of the offense
Risk of escape or interfering with evidence
Past criminal history
Whether the suspect is a foreign national

Bail may require sureties, cash deposit, guarantors, passport surrender, or court-imposed restrictions.

Will my passport be confiscated?

If your passport is connected to the alleged offense or is needed to stop you from fleeing, authorities may temporarily confiscate it. If bail is granted, the passport may be held until the trial is over or subject to conditions.

Can I refuse to answer questions?

Yes. You are not required to give a statement without a lawyer present. Anything you say may be used as evidence. Respectfully insist on waiting for legal counsel if you are under pressure to respond.

What if I cannot speak Thai?

During interrogation, document signing, and court appearances, you are entitled to a qualified interpreter. Don't sign any documents that you don't understand.

What happens if police violate my rights?

Evidence obtained through coercion, violence, or lack of due process may be challenged in court. You should:

Inform your lawyer immediately
If communication is unclear, ask for an interpreter
If at all possible, record infractions or mistreatment.
Request help from your embassy

What should foreigners do first after being arrested in Thailand?

Foreign nationals should immediately:

Make a request to inform their consulate or embassy
Speak with a local lawyer experienced in criminal law
Avoid signing any documents they cannot read or understand
Request written translation before signing anything

Your embassy may assist with communication, legal guidance, and contacting your family, but cannot intervene to avoid prosecution.

Arrested in Thailand and Need Legal Assistance Now? We Can Help.

If you or someone you know has been arrested or is facing criminal charges in Thailand, immediate legal action is critical. Our criminal defense team can assist with:

Lawyer Contact & Representation
Bail Application & Court Proceedings
Interpreter & Document Translation
Support for Foreign Nationals & Consular Communication

Contact Magna Carta Law Firm for urgent legal support.

Legal Disclaimer

This FAQ provides general information and does not constitute formal legal advice. Laws and procedures may vary based on the case. Always seek professional legal guidance for your specific situation.

This FAQs Relating to Getting Arrested in Thailand has been updated, reviewed, and verified on December 2025 by:

KWANCHAI BOONTAM (Barrister)

Licensed Attorney-At-Law | Licensed Notarial Services Attorney, The Lawyers Council of Thailand
Specialization: Wills and Estate, Civil and Criminal Matters