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 Colorado, the rights of an arrested individual 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. Colorado law does provide for the right of an arrested person to communicate with an attorney and the outside world. According to Colorado Revised Statutes § 16-3-402, an arrested person has the right to communicate with an attorney of their choice and a member of their family by telephone as soon as possible after arrival at the police station or jail, and the police have a duty to afford them a reasonable opportunity to exercise this right. The statute does not specify a set number of calls or a specific timeframe within which the calls must be made, but it does emphasize the importance of making these communications 'as soon as possible.' The actual implementation of this right may vary by jurisdiction within the state, and the specific policies of the jail or detention center will often provide additional details on how and when calls can be made.