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 York, the right of an arrested person to make telephone calls after being taken into custody is governed by state law. Specifically, under New York's Criminal Procedure Law (CPL) Section 140.20, an individual who has been arrested has the right to communicate free of charge by telephone, provided the call is within the local calling area, with a relative or other person for the purpose of securing bail and making arrangements for legal representation. This right is to be afforded 'without unnecessary delay' after arrival at the police station or other place where the arrestee is detained. If the call is outside the local calling area, the arrested person may still make a call at their own expense. The exact timing and number of calls allowed can vary depending on the policies of the particular jail or detention facility, but the law aims to ensure that these calls are made within a reasonable time following arrest to secure legal representation and support.