Finding the right lawyer in Thailand is both critically important as well as quite challenging, since there are many factors to consider when trying to find the best lawyer in Thailand. Finding the right lawyer in Thailand is especially important when it comes to trial preparation for a criminal case in the Thai courts. Many lawyers in Thailand are not proactive when it comes to trial preparation, but this is a critical mistake that can cause defendants significant time in prison. We have sadly seen many cases involving charges of drug possession with intent to sell, attempted murder, electronic card fraud, theft, as well as many other crimes, that have gone all wrong for defendants in these cases. This post on the Thailand Bail website is designed to help defendants and their families and friends make the best decision when it comes to selecting the best lawyer in Thailand.

Trial preparation for the Thai courts is both an art and a science. For foreigners, the pace and style of a Thai court trial may be different than what they have experienced in the UK, US, Australia, or other Western country. First of all, there is no jury trial in Thailand, so appealing to the “common man” has little benefit in a Thai court trial. Instead, lawyers and prosecutors are discussing directly with the judges deciding the case, who are usually highly educated and hold esteemed positions in Thai society. Finding the right lawyer in Thailand who can understand how to present the facts of the case to the judges is critical to success in trial.

Another issue that we often see with unprepared lawyers is the lack of preparation time with defendants. Many defendants seem to just trust their lawyers to do the best thing for them in trial. Whilst trust between lawyer and client is very important for the success of any legal action in Thailand, it is best to have constructive dialogue between lawyer and client about the trial. To clarify, what we are talking about is to have the lawyer meet with the defendant before trial, so that they know exactly what questions will be asked of them. The questions should also create a believable story about the events that are critical for the trial, as well as prepare witnesses and evidence to directly contradict the witnesses and evidence of the prosecutor. Whilst this may seem basic and elementary, we are shocked by how many lawyers in Thailand do not do this basic, but critical, process.

One other issue we would like to address, since we have seen many of these cases lately, is that of electronic card fraud cases. Thailand has become somewhat of a hub for credit card, ATM card, and other electronic card fraud. We have seen foreigners from all over the world come to Thailand to engage in the illegal withdrawal of money from ATM machines in Bangkok, Phuket, Pattaya, and other locations in Thailand. We do not condone such activities, but for those who have been caught for electronic card offenses, we hate to see when they get sentenced to 20, 30, 40, or 50 years in prison. There are countless cases we have seen where defendants accused of electronic card charges even get over 100 years in prison. The Thailand Criminal Code of course stipulates that the highest numerical sentence a defendant can receive is 50 years, but for those who are locked up in a Thai jail, it may as well be 100 years. There are a few very important steps that a professional law firm in Thailand can make in order to reduce prison time from 50 years to 1-2 years. If the case is difficult to beat (when the defendant is actually guilty and there is strong evidence to prove their guilt, such as CCTV and bank details), then getting 1-2 years in prison is a huge “win.” Thailand Bail’s lawyers and case managers feel for those who had unprofessional lawyers for their trials in Thailand, receiving 50 years in jail for something that can be much less. If you have a criminal case trial coming up in Thailand, please contact Thailand Bail so we can advise on how to best proceed.