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 Massachusetts, the right of an arrested person to make telephone calls after being booked is governed by state law. Under Massachusetts General Laws Chapter 276, Section 33A, an arrested individual has the right to use the telephone within one hour after arrival at the police station. The law specifically states that the person must be allowed to make a local telephone call to their attorney at no expense. If the call is not local, the arrested person may still make the call but at their own expense. Additionally, the statute requires that the police inform the arrested person of this right. While the law does not explicitly mention calls to a bail bondsman or a relative, it is generally understood that the arrested person can use this opportunity to make such calls as well. It's important to note that while Massachusetts law provides this right, the exact implementation may vary slightly depending on the policies of the individual jail or police station.