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 Dakota, the rights of an arrested person to make telephone calls after arrest and booking are not explicitly outlined as a constitutional right but are typically governed by state statutes and the policies of the specific jail or detention facility. North Dakota Century Code (NDCC) does not provide a statutory entitlement for a specific number of phone calls within a certain time frame post-arrest. However, it is common practice for law enforcement agencies to allow individuals to make phone calls to attorneys, bail bondsmen, and relatives to arrange for legal representation and bail. The timing and number of calls permitted can vary based on the facility's policies and procedures. It is generally expected that these calls should be allowed within a reasonable time after arrest, although 'reasonable time' is not strictly defined and can be subject to interpretation. Individuals who are arrested should inquire about their rights to make phone calls at the specific facility where they are being held.