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 Idaho, 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 specific jail or detention facility. Idaho Code § 19-603 states that a person arrested for a crime shall be allowed to see and consult with an attorney as soon as practicable after arrival at the place of detention. While this statute does not specifically mention telephone calls, it implies that communication with an attorney should be facilitated. The actual practice regarding telephone calls may vary by jurisdiction within the state, and the local jail policies often dictate the number of calls allowed, the timing of the calls, and whether they are provided at no cost or at the expense of the arrested person. It is common for facilities to allow arrested individuals to make calls to an attorney, a bail bondsman, and a relative or another person within a reasonable time following arrest, but the specifics can differ from one facility to another.