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 Jersey, the right of an arrested individual to make telephone calls after being taken into custody is not explicitly outlined as a constitutional right, but it is addressed by state statutes and local jail policies. New Jersey law requires that individuals who are arrested must be allowed to communicate with an attorney, and this typically includes the ability to make phone calls. While there is no specific statute in New Jersey that mandates a certain number of calls within a set time frame, such as within one or three hours after arrest, the practice generally follows that individuals should be allowed to make phone calls within a reasonable time after booking. This may include calls to an attorney, a bail bondsman, and a relative or another person. The specifics can vary by jurisdiction and are often dictated by the policies of the particular jail or detention facility where the individual is being held. It is important for anyone arrested in New Jersey to inquire about their rights to make phone calls at the facility where they are detained.