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 North Carolina, the specific regulations regarding telephone calls after arrest are not outlined in the state's statutes in the same manner as some other states. However, the general practice allows individuals who have been arrested and booked to make phone calls. These calls are typically to a lawyer, a bail bondsman, and a relative or another person. The provision of telephone access is often at the discretion of the jail's policy, and while there is no explicit constitutional right to make these calls, local law enforcement agencies usually provide the opportunity to do so within a reasonable time after booking. The exact number of calls allowed and whether they are free or at the arrestee's expense can vary by jurisdiction within the state. It is important for individuals who have been arrested in North Carolina to inquire about the specific policies of the facility where they are being held.