Reader Question: I'm being accused of theft, I'm desperate

By Submitted Message
Posted in Reader question
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January 11 2015

Dear readers,

Last Wednesday I quickly did a last errand at Central and Tops before the flight back to the Netherlands. Security stopped me on suspicion of theft and took me to their office. A report was made there and I spoke to the manager.

I tried to make it clear that it was a misunderstanding. We got to a point where I was told that if I confessed I would be fined and could leave to catch my flight. So now desperately I confessed. But then the police were called in.

Central even withdrew the case, but to no avail. After a night in jail (!) my husband bailed me out. But without a passport. I now have to wait for my trial, it is unclear when it will be. And what the court will decide.

Does anyone have experience with this? Or tips? How long can this take? I am desperate.

With kind regards,

Paula

22 Responses to “Reader Question: I'm Accused of Theft, I'm Desperate”

  1. DKTH says up

    Hi Paula,
    I personally have not experienced the same, but an acquaintance (Germans) of mine did something similar.
    Can you describe exactly why you were suspected: did you have something in your bag that the cashier had forgotten to pay for, had a child put something in your private bag, etc. Based on that, we may be able to understand what the "misunderstanding" was!
    Success.

    • riekie says up

      They take 80 days to prepare a case
      You have to appear in court every 10 days until there is a case.
      Don't mean to scare you, but you should never have made a confession.
      Because it is now your word against the police and they will do everything they can to not lose face.
      Contact the embassy directly that they can send an advisor.
      Maybe they can help with a good lawyer, which unfortunately there are few here.
      Other than that they won't do much for you I'm afraid.
      Only give 30 euros per month to eat if you don't have any money yourself
      wish you lots of strength and power

    • Paula says up

      I saw a cardigan at central that I might want to buy. I wanted to think about it while I ran into Tops's. I hung the cardigan over my bag for a moment. I think the same shop. But I was arrested at the vegetable department. I said I wanted to pay later, but of course they didn't believe me

  2. Kees says up

    Have you contacted the embassy? My idea is to get a lawyer immediately. Where is the business: Bangkok or elsewhere? That can make a big difference to how it can be solved.

    • Paula says up

      Bangkok. Is that positive or negative?

  3. self says up

    Dear Paula,

    – Have you already informed the NL Embassy? http://thailand.nlambassade.org/ Please note: consular assistance can cost money. The Embassy will not remove the legal process from you, will not provide you with legal assistance, but can advise you, see: http://thailand.nlambassade.org/producten-en-diensten/emergencies/gearresteerd-in-het-buitenland.html See also: http://www.rijksoverheid.nl/onderwerpen/noodgevallen-in-het-buitenland/gearresteerd-in-het-buitenland#ref-minbuza
    The Embassy can also help you find a suitable lawyer, see: http://thailand.nlambassade.org/producten-en-diensten/consular-services/thaise-advocaten.html

    – There won't be much to do other than wait and see the Thai court. Since you confessed to shoplifting, you will have to convince the judge that there is definitely a misunderstanding. Large shopping malls in BKK are full of surveillance cameras, there may be images of what the security thought they saw. You've been to the whole thing, so you'll know best what's going on. You don't have to explain that misunderstanding to us here on this blog. It's hard and complex enough as it is. Be honest, don't try to fool the judge - is definitely not appreciated here in TH.

    – Also put your best foot forward with regard to your explanation why and why you signed a confession: you were under pressure and stress, and you were made a false promise, as it turns out, you apparently gave in because you were on the verge of departure. Realize that you were never allowed to make that confession because you didn't commit the shoplifting. But you may have a point with this because you felt compelled by the circumstances (stress, time pressure, promise). With hindsight you turn out to have made a completely wrong assessment.

    – Discuss with the TH lawyer whether there is a possibility to request any camera images, and how to act to limit the damage and loss of time. Seek a settlement with both Tops and Justice. That saves on the amount of a fine. Even if you didn't commit the theft, you confessed to it. However, if you now believe that you have ended up in the rain because of your confession, then consider withdrawing your earlier confession, after all you have not committed theft, but have been incited to do so under false pretences, see earlier. For that withdrawal you need the TH lawyer, who knows the correct procedures.

    – Be that as it may: you are in trouble, and it will take time, money and energy to get out of it, whichever option you choose. How long? My wife is talking about a month. Incidentally, it is strange that a settlement has not actually been reached on the spot, which is usually handled as such, especially if it is only a small thing, without a written record, eg 10 x the value, something like that. However, you have been offered immediate penance by written confession. Camera images could offer solace. Good luck and success.

    • Paula says up

      What a nice response Soi! Thank you very much for the time you put into it. Embassy has been informed and today my story has been sent to a lawyer (via embassy).
      Wb your last point: it seemed to be heading for a settlement. The store manager himself used these words. She also said she was withdrawing the case and that she felt "very bad". But at the same time, an overactive colleague from security had already warned the police. With all its consequences.

      May I ask if you live in Thailand? Is your wife Thai?
      Greetings from Paula

  4. lung addie says up

    Dear reader and Paula,
    Unfortunately, shoplifting occurs both in the homeland and here in Thailand, not only by Thais but also by Farangs. As described above, by admitting theft you have declared yourself guilty and you will therefore have to go through the procedure.
    As for the “misunderstanding”, unfortunately you do not give any explanation, so no one can comment on the basis of the matter, but only on the consequences.
    I can give a good piece of advice to the shopping reader and that is, because that is what a “misunderstanding is often about: having a product, previously purchased in the same store or a similar one, bought in another store and passed the security scan to the cash register detected as not entered in the cash register and therefore not appearing on the bill and therefore possibly stolen.
    There is usually a security man at the entrance of most department stores. Recognizable by his immaculate light brown uniform, with even the necessary decorations on it, always friendly greeting with a broad smile. Very important for that man because the beautiful uniform elevates him to a certain status. That man is not there for nothing, not only to show off his beautiful uniform, not only to maintain order and also not to detect thefts, because he is standing at the entrance.
    If you have any suspicion that you have in your bag or pockets a product that may also be sold in that store, show it to that security man. He will normally provide it with a label, with security on it. If he doesn't have it, have him sign the product. If you go through the cash register and the alarm goes off, you have proof that it was not bought there, but that you already had it with you when you entered the store. That is one of the tasks of the security man at the entrance, but almost nobody knows it or uses it.
    For example, when I was building this, I regularly went shopping in a certain large store. I bought a tape measure there. Every time I went there I had that tape measure bought in the same store with me because I often had to take the measurements of what I wanted to buy. The tape measure was invariably detected at the checkout, but had a security label… many problems avoided that way.

    I hope everything ends well for Paula. Somehow she was lucky because I know of instances where the “thieving farang”, handcuffed, was shown on TV with name and surname and cause of arrest. The law of privacy is not so closely applied here. Don't want to discourage you, but know of a conviction for a petty theft: Sanction: 1 year and three months which had to be served until the last day, so no (Belgian) law Lejeune here.
    Good lawyer will be helpful in your case because of the confession you made.

    Lung addie

    • Paula says up

      What's a petty theft in your eyes Lung? Thanks for the long response, that's very kind.

  5. will says up

    Best,

    whatever happened, get a lawyer. preferably a thai who is farangminded.

    you have a good naklua roundabout (dolphins) in that hall with shops. . thai law center. mr kamnod . 081 82459 29

    speaks good english.

    advice: tell him the truth. did you grab something. then tell him. the worst thing you can imagine, also in europe, is that your lawyer is a monkey, with 1 or other evidence.

    success.

    w.

  6. Anonymous says up

    We also once had problems with TOPS, my wife had chosen some products from the shelf
    and then put it in my basket, and then withdraw some money from TOPS outside TOPS
    the ATM.
    I myself continued to choose products with the shopping basket.
    After a few minutes she came running towards me completely upset that she felt threatened by
    a person in dirty clothes and without identification/badge.
    He had addressed her in a threatening and intimidating manner, and then wanted to look in her bag because he thought she had stolen something, she thought that person belonged to a criminal gang.
    In my presence she wanted to let him look in the bag, I freaked out, and snatched the bag from her hands and threw it in the basket.
    And then yelled at that guy in Thai and chased him away (because I thought it was
    was a criminal), after which he left.
    Gave information to some shop assistants, but they knew nothing about security.
    Purchases paid and went home.
    Didn't sit well with me, time after time asked my wife about the circumstances of the story, and when everything was completely clear after a few days, went to TOPS and asked for the manager.
    He was not there, when asked if there was a deputy, and if we could speak to him.
    To who told the whole story and said that we have no problem if security looks in the bag,
    provided they can prove that they are an employee.
    Complained that it was unheard of to address my wife in such an intimidating manner and
    to threaten.
    The assistant manager would suggest it to the manager and then get in touch.
    They then contacted them after checking the video's from the cameras, but according to them there was nothing to see of the incident, because there were blind spots, which I doubt, because you can't walk through an entire supermarket without being noticed .
    They apologized for the inconvenience and gave my wife a gift basket.
    In our case there was no sign of theft, because my wife had not “accidentally” put products in her bag.

    If you haven't stolen anything, then you're not going to confess, no matter what the reason, otherwise you're asking for real trouble.
    Of course you can't get out of it if evidence is found in your bag or in person.

  7. Keith 2 says up

    We learn from this incident:

    If you are indeed in a hurry (to catch a plane or for any other reason), or just don't feel like prolonged affairs: don't confess, but offer to pay a settlement stating emphatically:

    "I do NOT admit guilt, but am paying this settlement because I don't have time to investigate the incident."

    • Paula says up

      Too late!

  8. janbeute says up

    If I read this story like this, the biggest mistake has already been made.
    And unfortunately rewinding the film is no longer possible .
    Or it will cost you a lot of money, find the weakest link in the Thai corrupt justice system.
    And before you know it you 'll be a free man again , because that 's how it still works here .
    Namely confess or sign something written in Thai that you can't read never do.
    At least if you are actually innocent.

    If they put pressure on you to sign something, don't.
    Or sign in English with Donald Duck or something like that.
    If it comes to a court case, they will face the gendarmerie before the judge.
    You are , hey Donald Duck the duck .
    You may be able to get advice from the embassy, ​​but you should not count on real help.
    That's not what they're for.
    A good and competent English - speaking lawyer may be able to help .
    Otherwise I would throw it on a bailout sum of money ( bail ) in such a situation , the wealthy Thais do too .
    If you only came here on holiday , make sure you can leave the country illegally .
    And goodbye I greet you , and never come back here .
    Unfortunately a painful experience enriched, but this is Thailand too.

    Jan Beute.

    • Nico B says up

      Sorry Jan, that is very bad advice, signing with Donald Duck, then you also go for forgery, namely signing with a false signature.
      Nico B

  9. Paula says up

    I felt scared and cornered. Never experienced anything like this. Not a hair on my head would dare not sign, let alone with a false name. I just wanted to do everything right. But yes, driven by fear. I don't feel terribly stupid right now.

    • janbeute says up

      First of all, good to hear that the weather ended well or better said with a fizz.
      But take it from me , fear is a bad counselor .
      And as for the story of Donald Duck.
      Why sign something that is not translated into English .
      Forgery , why , I wonder .
      let them take care of a statement readable for you at the local gendarmerie.
      And then you can sign or not according to your opinion.
      It is now 2015 and Thailand belongs to the new ASEAN .
      Unfortunately, I haven't noticed much of this yet.

      Jan Beute.

      • Nico B says up

        You commit forgery because when you sign a statement in which you are described by name and surname, you put a signature that is not yours.
        So never sign with a false signature, that is easy to see by verifying your signature with your signature in your passport.

      • Paula says up

        Today at the lawyer's office it turned out that the statement drawn up in Thai was incorrect.

        • David says up

          Does that mean a procedural error, and if so, positive news under Thai law?
          Best,

  10. egbert says up

    Always!!!!!! and immediately call in the tourist police and, if necessary, the Dutch Embassy.

  11. Tony says up

    Dear Paula,
    I want to encourage you, not in terms of procedures, but in terms of mental support to get through this period. I would also recommend that you mainly interact with Thai who might be able to give you support, otherwise you might form an image in your head that all Thai are against you. If you have no direct Thai acquaintances in Thailand, you might want to do a Vipassana course in the meantime somewhere with (English speaking) monks or nuns with whom you can vent and take your mind off things.

    http://www.dhammathai.org/e/meditation/page1.php

    If you speak Thai, you can of course also go to the Wat around the corner, or get an English-speaking clergyman from somewhere.


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