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 Arizona, the rights of an arrested individual to make telephone calls after being taken into custody are outlined in Arizona Revised Statutes and by the policies of the specific jail or detention facility. Arizona law, specifically ARS 13-3967, mandates that an arrested person must be allowed to communicate with an attorney and a bail bondsman immediately upon request and without delay. Additionally, the arrested person is entitled to communicate, at their own expense, with a relative or any other person within a reasonable time after arrival at the first place of custody. While the statute does not specify the exact number of calls or the time frame within which these calls must be made, it does emphasize the right to make these communications without undue delay, suggesting that the calls should be allowed within a reasonable time following arrest. The implementation of this statute can vary by jurisdiction, and local jail policies may provide further guidance on the process and timing of such calls.