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 Pennsylvania, the right for an arrested individual to make telephone calls after being booked is not explicitly guaranteed by the Constitution but is typically governed by state statutes and the policies of the specific jail or detention facility. Pennsylvania does not have a statute that universally mandates a specific number of phone calls that an arrested person is entitled to make. However, the Pennsylvania Rules of Criminal Procedure do provide some guidance. Rule 540 (C) states that the arresting officer must afford the defendant a reasonable opportunity to secure counsel. While this does not specify telephone calls, it is generally interpreted to mean that the defendant should be allowed to contact an attorney. The actual implementation of this rule can vary by jurisdiction within the state, and the availability and number of calls may depend on the local jail's policies. It is common practice for individuals to be allowed to make calls to an attorney, a bail bondsman, and a relative or other person, but the specifics can vary widely from one facility to another.