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 Nebraska, the right for an arrested person 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. Nebraska law does not provide a statutory entitlement for a specific number of free calls within a local calling area, unlike some other states. However, the Nebraska Revised Statute 47-401 does state that a person in custody shall be allowed to communicate with their attorney and family by letter or by telephone, as the facility rules permit. The timing and number of calls may be subject to the discretion of the facility, and the arrested person may be required to pay for calls outside the local calling area. It is important for individuals to understand that while there is an allowance for communication, the specifics can vary and may not be as prescriptive as in other states regarding the number of calls or the time frame in which they must be made.