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 Maryland, the right of an arrested individual 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. Maryland law does not provide a statutory entitlement for a specific number of free calls within a local calling area, unlike some other states. However, Maryland law does require that an arrested person be allowed to communicate with counsel and a bail bondsman as soon as it is practicable after arrest, according to Maryland Code, Criminal Procedure § 5-212. The timing and number of calls may vary based on the facility's rules and the circumstances of the arrest. It is generally expected that the facility will allow the arrested person to make calls within a reasonable time frame, which can be subject to interpretation. If an individual believes their rights have been violated in this regard, they may need to consult with an attorney to address the issue.