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 New Hampshire, 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 and the policies of the particular jail or detention facility. New Hampshire does not have a specific statute that guarantees the right to make a certain number of free phone calls within a local calling area. However, the New Hampshire Rules of Criminal Procedure and local jail policies often ensure that an arrested individual is allowed to make phone calls to contact an attorney, a bail bondsman, and possibly a relative or another person within a reasonable time after arrest. The definition of 'reasonable time' may vary depending on the circumstances of the arrest and the policies of the facility where the individual is being held. It is important for anyone arrested in New Hampshire to inquire about their rights to make phone calls at the specific facility where they are detained.