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 Mexico, the rights of an arrested individual 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. New Mexico 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 New Mexico Rules of Criminal Procedure do require that an arrested person be allowed to communicate with their attorney as soon as practicable after arrest. The timing and number of calls an arrested person can make may vary depending on the local jail policies and the circumstances of the arrest. It is generally expected that the facility will allow the individual to make calls within a reasonable time frame, which may include contacting an attorney, a bail bondsman, and a relative or another person. The specifics of these allowances are subject to the discretion of the facility's policies and the interpretation of what is considered a 'reasonable time' following arrest.