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 Wisconsin, the rights of an arrested person to make telephone calls after arrest and booking are not explicitly outlined as a constitutional right but are typically governed by state statutes and local jail policies. Wisconsin does not have a specific statute that guarantees the right to make a certain number of free phone calls within a particular time frame. However, Wisconsin Statute § 968.38(1) states that law enforcement must promptly make efforts to notify a family member or another person likely to be concerned about the individual, as well as a bail bond agent if the person requests it. Additionally, the statute requires that the arrested person be allowed to communicate with an attorney as soon as practicable without delay. The actual implementation of these rights may vary by jurisdiction and is often subject to the policies of the specific jail or detention facility where the person is held. It is common practice for jails to allow arrested individuals to make phone calls to arrange for bail, legal representation, and to notify family members, but the specifics can vary widely.