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 Delaware, the right of an arrested person to make telephone calls after being booked is not explicitly guaranteed by the Constitution but is typically governed by state statutes and the policies of the specific jail or detention facility. Delaware's rules do not provide a statutory number of calls that an arrested person is entitled to make. However, the practice is generally to allow individuals to make a reasonable number of phone calls to reach an attorney, a bail bondsman, and possibly a relative or another person to arrange for their release or to notify them of their arrest. The timing and number of calls permitted can vary based on the facility's policies, and there may be provisions for these calls to be made at no expense if they are local, or at the person's own expense if they are not. It is important for individuals who are arrested in Delaware to inquire about their rights to make phone calls at the specific facility where they are being held.