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 Rhode Island, the rights of an arrested person to make telephone calls after arrest and booking are outlined in state statutes and local jail policies. While there is no Constitutional right to make these calls, Rhode Island General Laws § 12-7-3 stipulates that an arrested person must be allowed to communicate with an attorney and a family member or friend as soon as practicable after arrival at the police station. The law does not specify a set number of calls or a strict time frame within which the calls must be made, but it does emphasize the importance of making these communications in a timely manner. The actual implementation of this statute may vary by jurisdiction and is also subject to the policies of the specific jail or detention facility where the individual is being held. It is important for individuals who are arrested in Rhode Island to inquire about their right to make phone calls upon being booked and to request access to a phone to contact an attorney and their loved ones.