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 Vermont, the regulations regarding an arrested person's ability to make telephone calls after arrest and booking are not explicitly outlined as a statutory right in the same way some other states have detailed provisions. However, it is generally accepted that individuals who have been arrested have the right to communicate with an attorney, and this typically includes the ability to make phone calls. The specific policies regarding phone calls can vary by facility, but law enforcement agencies usually allow arrested individuals to make a limited number of phone calls to reach out to an attorney, a bail bondsman, or a relative. These calls are often made at the discretion of the arresting agency and within a reasonable time after booking. It is important for individuals who have been arrested in Vermont to inquire about their rights to make phone calls at the specific facility where they are being held. If there are concerns about the ability to communicate with an attorney, it may be necessary to address the issue with the assistance of legal counsel.