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 South Carolina, the right of an arrested individual to make telephone calls after being booked is not explicitly outlined as a constitutional right, but it is typically governed by state statutes and the policies of the specific jail or detention center. South Carolina law does not provide a statutory entitlement for a specific number of free calls or calls within a certain time frame post-arrest. Instead, the ability to make phone calls is often subject to the discretion of the arresting and detaining authorities, and the practices can vary by jurisdiction within the state. Detainees are generally allowed to make calls to an attorney, a bail bondsman, and a relative or another person, but the specifics of when and how many calls can be made, and whether they are free or at the detainee's expense, depend on the local jail policies. It is advisable for individuals to inquire about the specific policies of the facility where they or a loved one is detained.