Under a presumption of innocence, the right to pretrial release or bail is a presumptive right of every accused. Deactivating this right requires sufficient demonstration of substantial risks of flight or danger to the criminal justice or the society. However, the Thai criminal procedural law and its associated practice enable pretrial detention to be easily justified absent adequate factual corroborations. The separate bail consideration, commenced post-remand and only upon the accusedûs motion, also reflects the centrality of detention which normalizes the unusual term ùprovisional releaseû. This legal structure and related interpretations complicate bail decision-making because of information deficit and tendency to paradoxical reasoning. This article argues for the merging of the remand and bail considerations whereby the state is burdened to prove the risks that justify detention. It also offers an alternative interpretation to the existing law as a temporary solution while awaiting the revision of the Criminal Procedure Code.