Following arrest and the booking process, a person will usually be allowed to use a jail telephone to call a lawyer, a bail bondsman, and a relative or other person. There is no Constitutional right to make these telephone calls following arrest and incarceration and the ability to make such phone calls is usually governed by state law or by the jail’s policy.
For example, some states provide by statute that an arrested person is entitled to make at least three telephone calls at no expense if the calls are completed to telephone numbers within the local calling area, or at the person’s own expense if outside the local calling area. Some states require that these telephone calls be permitted within three hours following arrest if possible—and in some states, within one hour. And some states more generally require that an arrested person be allowed to use the telephone within a reasonable time following arrest.
Laws regarding an arrested person’s ability to make telephone calls vary from state to state and are generally located in a state’s statutes or in the state’s rules of criminal procedure.
In Arkansas, the rights of an arrested person to make telephone calls after arrest and booking are not explicitly guaranteed by the Constitution but are typically outlined by state statutes and the policies of the specific jail or detention facility. Arkansas law does not provide a statutory entitlement for a specific number of free calls within a local calling area, unlike some other states. However, the Arkansas Rules of Criminal Procedure Rule 4.1 states that a person who is arrested must be allowed to communicate with their attorney and family promptly. This rule implies that the arrested person should be given the opportunity to make necessary calls within a reasonable time after arrest, although the exact timing and number of calls may vary based on the facility's policies. It is important for individuals who are arrested in Arkansas to inquire about their rights to make calls at the specific facility where they are being held.