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 Missouri, the rights of an arrested individual to make telephone calls after arrest and booking are not explicitly outlined as a constitutional right but are typically governed by state statutes and local jail policies. Missouri law does not provide a specific statute that guarantees the right to make a certain number of free phone calls within a particular time frame. Instead, the ability to make phone calls is often subject to the rules and regulations of the particular jail or detention facility where the person is being held. These facilities usually have policies in place that allow detainees to make phone calls to attorneys, bail bondsmen, and relatives, but the timing, number of calls, and whether the calls are free or at the detainee's expense can vary. It is generally expected that the facility will allow detainees to make phone calls within a reasonable time after booking, but this can be subject to limitations based on operational procedures or security concerns.