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 Nevada, the rights of an arrested individual to make telephone calls after being booked are not explicitly guaranteed by the Constitution but are typically outlined by state statutes and the policies of the specific jail or detention facility. Nevada law does not provide a statutory entitlement for a specific number of free calls. However, the Nevada Administrative Code (NAC) under NAC 211.140 states that inmates should be allowed to make at least one telephone call upon being booked into the facility. The timing and number of calls, as well as whether they are free or at the person's own expense, may vary depending on the facility's policies and the location of the calls. It is generally expected that the calls should be made within a reasonable time following arrest, which can be subject to interpretation by the facility's administration. An attorney can provide guidance on the specific policies of the jail in question and assist in ensuring that an individual's rights are respected during the booking process.