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 Michigan, the rights of an arrested person to make telephone calls after arrest and booking are not explicitly outlined as a constitutional right, but they are typically governed by state statutes, rules of criminal procedure, and the policies of the specific jail or detention facility. Michigan law does not have a statute that specifically grants the right to make a certain number of free phone calls within a particular time frame. However, the Michigan Court Rules do provide that a person who has been arrested must be allowed to communicate with an attorney, family member, or friend promptly after being brought to a police station or jail (Michigan Court Rule 6.104). The actual implementation of this rule can vary by jurisdiction and is often subject to the discretion of the facility's policies. It is common for jails to allow individuals to make phone calls to arrange for bail or legal representation, but the specifics, such as the number of calls allowed or the time frame in which they must be made, can differ from one facility to another.