Success Story #15: Thailand Bail Wins 2nd Theft Case of Re-Offending Defendant Accused of Stealing
Thailand Bail has been having great success this year (2020) in trial, including this very difficult theft case that we successfully defended against in Bangkok. This was the 2nd theft case that our client had been arrested for. We successfully achieved a result of no prison time in the 1st case, but now with the new 2nd case, things looked very difficult. The court could believe that our client was innocent the first time he was arrested for theft, but would the court believe that our client was not guilty a second time? The answer was “yes” as we heard the verdict from the Bangkok Southern Criminal Court on 17 August 2020. During our trial on 01 July 2020, we faced many challenges. When we first entered the court, the court interpreter came to our client and said that “the evidence was very clear that you stole the items, so you should plead guilty.” If you have ever been in a court in Thailand, you will know that this is the favorite thing for certain people to recommend. The lawyers and case managers at Thailand Bail hate when certain people make this recommendation, assuming that you are guilty and that you can be proven guilty. Yes, the Thai courts typically provide a reduced penalty with a guilty plea, but our lawyers believe you should only plead guilty if you are actually guilty or if it beings about a faster or more certain outcome to your case. However, for our client in the Bangkok Southern Criminal Court, we reviewed the evidence, spoke to our client (who insisted he was innocent), and recommended fighting the charges. Pleading guilty to the 2nd theft case would have resulted in a custodial sentence (actual prison time), which was not an outcome our client could live with. Accordingly, we prepared for the trial and fought the charges.
In trial on 01 July 2020, we successfully showed that one of the witnesses was not able to recount the events of the day accurately. We proved with maps of the shop that another witness was unable to see the theft that had allegedly happened. We also showed that another witness already had a prejudice / bias against our client as this witness had heard about the 1st theft case brought against our client and had told others that our client was a thief. So, from that time onward, every time the defendant entered one of these shops, they assumed he was stealing, even when he was not. We prepared our client for witness examination and cross-examination from the prosecutor. We did many other things that we can share with you if you contact Thailand Bail about your own criminal case in Bangkok or the rest of Thailand.
On judgment day on 17 August 2020, we were very happy to hear the decision of the judges, in that the judgment was “yok-fong” – a complete dismissal of all charges! Our client, his family, and our lawyers were very happy with the excellent result, especially given the challenges we faced in the Bangkok Southern Criminal Court.
If you have been arrested in Thailand, need an international law firm to assist, have been accused of theft in Thailand, or any other criminal law question, please contact Thailand Bail for more details on how we can assist. We are always helpful in providing our initial analysis of your case and laying out your options. Unlike many other Thai lawyers, the lawyers at Thailand Bail will recommend what is best for you. Sometimes your criminal matter can be resolved quickly, without the need to wait several months for trial and judgment. If so, our experienced lawyers will clearly explain this option and help you consider all choices accordingly.