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 Hawaii, the rights of an arrested person to make telephone calls after arrest and booking are not explicitly outlined as a constitutional right but are typically governed by state statutes and the policies of the particular jail or detention facility. Hawaii does not have a specific statute that grants an arrested person the right to make a certain number of free telephone calls within a local calling area. However, the general practice is to allow detainees to make phone calls to arrange for bail, legal representation, and to notify family members of their arrest. The timing and number of calls permitted can vary depending on the facility's rules and the circumstances of the arrest. It is generally expected that the calls should be allowed within a reasonable time after booking, which may align with the practices in other states that specify a one to three-hour window for making such calls. An attorney can provide more detailed information on the policies of a specific facility and any applicable local regulations.