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 Illinois, the right of an arrested person to make telephone calls after being taken into custody is governed by state statute. Specifically, Illinois law provides that an arrested individual has the right to communicate with an attorney of their choice and a member of their family by making a reasonable number of telephone calls or by using other forms of communication. This right is typically exercised shortly after the booking process. The statute requires that these communications be allowed within a reasonable time after arrival at the first place of custody, usually within one hour. However, the exact number of calls or the time frame may vary depending on the facility's policies and the circumstances of the arrest. It's important to note that while Illinois law provides this right, it may not be the same in other states, and the implementation can be subject to the discretion of the arresting and custodial authorities.