Monday, August 26, 2013

Detention of David Miranda

My colleague asked me this morning if I was interested in recording a video about David Miranda's detention.

David Miranda is the partner of Glenn Greenwald, who is better known as the journalist responsible for writing the stories in the Guardian about Edward Snowden.

However this week David was detained at Heathrow airport for just under nine hours under the UK Terrorism Act. He was passing through Heathrow on transit on his way home to Brazil. 

Schedule 7 gives officers power to question a person at an airport if they believe the person concerned involved in the commission, preparation or instigation of acts of terrorism.

There appears to be no that authorities truly believed that Miranda is a terrorist, which suggests that his detention and questioning at Heathrow is down to the Snowden story.

Thailand Criminal Defense Lawyer 

Chaninat and Leeds specializes in international criminal cases in Thailand

Schedule 7 does not provide authority to detain and question partners of journalists simply because the state disapproves of the articles written by said journalist or the source of the information. 

This got me thinking whilst I was researching the story. I live and work in Thailand, but will be visiting friends and family in the UK over Christmas. However I have no desire to be detained by UK authorities when I land at Manchester airport.

Now clearly Greenwald is a much bigger fish to fry than me, but he has suggested this week that the detention of his partner was purely for intimidation reasons. The fact that it led to me question with my colleague whether this was a story I should step away from suggests that if this was the objective, then it has clearly worked.

The news this week has certainly made me question just how much further are authorities going to abuse their power in the future?
Related Video:

Flickr photo credit: eGuide Travel

Wednesday, August 14, 2013

Thailand Shooter Blames Mother In Law To Be

Tasaphol Haekla, 35, has allegedly claimed during interrogation that he killed Kewelin Hongthong, 28,  and her mother Wimol Hongthong, 48 when the latter tried to stop their wedding by increasing the sin sod, (bride price for her daughter), from 500,000 baht to 2 million baht report the Bangkok Post.

Police arrested the alleged killer in the Cambodian tourist town of Siem Reap on Monday, four days after he killed and her mother at a garage in Chon Buri’s Muang district.

Thailand Criminal Lawyer
Chaninat and Leeds specialize in Thailand criminal defense law 

He said his fiancee's mother told her daughter she had to stop seeing him once he explained he could not afford the sin sod. He then apparently told police that he had initially only intended to kill his future mother in law.

Tasaphol said he danced his way out of the crime scene because he felt released from pressure and did not know he had been caught on the garage’s security camera. He claimed he did not mean to ridicule the victims.

Under Thailand family law, betrothal is not valid until the man gives or transfers property known as a khongman. This serves as evidence the marriage will take place. A sin sod is given to the parents, adopted parents or guardian of the woman, in exchange for her agreement to marry.

Read the full story here

Related Articles

Homicide – Provocation and Extreme Emotional Disturbance: US and Thai Approach   

Marriage and Divorce in Thailand: When Love Turns Deadly

Rights For Transgender Californian School Children

California has become the first US state to enshrine rights for transgender schoolchildren.

The new law requires public schools to allow pupils from kindergarten to the 12th grade to access male or female toilets according to their preference. The legislation also allows transgender schoolchildren to choose whether to play boys' or girls' sports.

Thailand US Immigration Lawyers 

Chaninat and Leeds specialize in US immigration law 

Supporters heralded it a great day for equal rights.

Despite Thailand being renowned for its tolerance and acceptance of the gay and transgender community, Thailand attorneys say very little legal protection is afforded to such individuals.

Relevant Video:

Related Documents: 

Flickr photo credit: Tom Pearce

Texas Divorce Relies On Unique Immigration Clause

We suspect Steve Summers is now long regretting signing the affidavit in support of his bride, Mexico-born Evangelina Zapata's US residency application, for according to Fox News Latino, she is now using the very same document against him to claim alimony.

Thailand Divorce Law 

Thailand Attorneys, Chaninat and Leeds specializes in Thai and international divorce law 

Mr Summers signed an affidavit vowing to support Ms Zapata so that she would not become a “public charge” but she is now arguing that he should support her at 125% of the federal poverty level unless she becomes a U.S. citizen, works for approximately 10 years in a job which pays into the Social Security system, or fails to keep the permanent legal residency status.

US Immigration Attorneys warn that people need to pay attention to this case and remember the implications signing such an affidavit can bring. 

Related Documents:


Tuesday, August 13, 2013

US Divorce Feud Spans 17 Years

A 17-year legal fight between two law professors over their divorce and continuing disputes has received sharp criticism from judges who say the former spouses are setting a bad example, or rather a good exmaple of how exactly not to behave in a courtroom. .

The feud between University of Cincinnati professor Christo Lassiter, 56, and his former wife Sharlene Boltz, 52, has lasted seven years longer than the couple's 10-year marriage. 
Thailand Divorce Law 
Chaninat and Leeds specialize in Thai and international divorces 
Historical issues were with regards to the couples two children, now 17 and 20, but it is understood than financial issues are yet to be resolved. 

A new hearing date has been scheduled for 6 September. 

Generally speaking, if one or both spouses are currently residing in Thailand a divorce can be petitioned under Thailand family law. If the divorce is jointly requested, the divorce proceedings should be relatively simple. If one of the parties is unwilling or unable to proceed in the divorce proceedings, the legal process of filing for a divorce in Thailand then becomes more complicated. Thailand is a "Community Property" jurisdiction. When a couple divorces in Thailand, separate property (sin suan tua), namely assets and property acquired before marriage, generally remains the property of the owner.

Related Video:

Friday, August 9, 2013

Attorney Admits Prostitution And Agrees To License Suspension

State records show that an attorney who had sex in exchange for office supplies for her legal practice, pleaded guilty to prostitution charges and has now agreed to have her law license suspended for three years, reports the Chicago Tribune.

Reema Bajaj pleaded guilty last year in DeKalb County to a misdemeanor count of prostitution for an encounter that occurred before she became an attorney. Bajaj became infamous on the internet when she was initially charged.  
Thailand Criminal Defense Lawyer 
Chaninat and Leeds specialize in criminal defense cases in Thailand 
The Illinois Attorney Registration and Disciplinary Commission accuses Bajaj of criminal conduct and making false statements in both a disciplinary matter and on her application to the bar by not admitting her work as a call girl.

Times are obviously tough for lawyers in the US! 

Read the full story here 

Related Articles 
US Immigration and Thai Sex Workers 
An Ethnographic Study of Child Prostitution in Baan Nua

Defining Child Trafficking & Child Prostitution: The Case of Thailand 
Sex Laws in Thailand

Thursday, August 8, 2013

Simon Cowell Named In New York Divorce

It will have been impossible to have missed the recent headlines that Simon Cowell has been named in divorce papers. New York divorce law is one of the few American states that still allows a for cause divorce with adultery being a commonly plead cause.

However, this week it has been revealed that adultery is also a criminal misdemeanor under New York criminal law, and if convicted an individual can face up to 3 months imprisonment. It is highly unlikely that Simon would however face prosecution.

In Thailand divorce law, for cause divorces are also permitted if one spouse does not agree to the divorce. There are many different grounds for divorce in Thailand  which can also be pleaded.   A contested divorce however requires a judgment from the Court. If the petitioning spouse is now living abroad, a Thailand lawyer can file a divorce claim on their behalf.  However, they must appear in person when the divorce claim is heard by the court.

Related Video:

Related Documents:
Thailand Divorce Law

Marriage and Divorce in Thailand: When Love Turns DeadlyThailand Marriage and Divorce: Thai Dream or Foreigner’s Nightmare?

Monday, August 5, 2013

Are English Prenuptial Agreements Enforceable?

Many people still believe that English prenuptial Agreements are still not legal valid, and whilst that is still technically true, English courts have in fact started to uphold them in the event of a dispute.

Prenuptial agreements can help create a financial plan that can be managed through the course of marriage and in the event of a divorce, to control the division of assets between the husband and wife.

Thailand Prenuptial Lawyer 

Chaninat and Leeds law firm specialize in drafting international prenuptial agreements 

In 2010, English courts upheld a prenuptial agreement, and since then, more and more courts have been showing a willingness to uphold and follow the terms of prenuptial agreements. This is of course still a discretionary power, as they is no specific law yet providing for prenuptial agreements in England, but it is certainly a step in the right direction.

There is presently formal legal consultation ongoing about prenuptial agreements, and it is thought they could become legal towards the end of 2013/early 2014.

Thailand lawyers advise that prenuptial agreements will be null and void unless they are officially registered in Thailand before the marriage. Prenuptial agreements are not registered in Western countries.

Related Video:

Relevant Articles:  Prenuptial Agreements: US Law, Thailand Law and EU Law Compared                                              International Prenuptial Agreements: Conflicts of Law in the US                                               European Prenuptial Agreements and the Hague Convention                                              Prenuptial Agreements in Japan - the Devil’s in the Details                                              The New Developments in the United Kingdom

The Bradley Manning Verdict: Whistleblowing Law

The Bradley Manning verdict was released last week. Although the sentencing hearing is still continuing, Manning was acquitted of the more serious charge of aiding the enemy, but was convicted of disobeying orders and releasing classified information and the actions of the US Government in Iraq and Afghanistan.

As the verdict was announced, the news was also released that Russia were prepared to offer temporary asylum to Edward Snowden, meaning he was now free to leave Moscow airport, where he has been staying the last few weeks. Snowden has been charged with leaking details about US surveillance programs.

Both men insist they released this information not to harm the US government, but because they believed the US public had a right to know. It seems the Espionage Act,  originally intended to protect the US from foreign spies, is now being used against so called whistle blowers.

Under Thailand law, whistle blowers should be offered the same protection as with other country's, however Thailand lawyers say they often have concerns that more reports are not made in Thailand because of cultural issues and fears of speaking against someone.

Relevant Video:

Related Articles:
Bradley Manning Trial Judge Raises Burden of Proof
Hong Kong Protests In Support Of Snowden

Flickr photo credit: savebradley