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 West Virginia, the rights of an arrested individual to make telephone calls after arrest and booking are not explicitly outlined as a constitutional right but are typically governed by state statutes and the policies of the specific jail or detention facility. West Virginia Code §62-1-5 states that an arrested person must be taken before a magistrate without unnecessary delay, and while it does not specify the right to make phone calls, it is generally understood that individuals are allowed to contact an attorney, a bail bondsman, and possibly a relative or another person following their arrest. The specifics of when and how many calls can be made, whether they are free or at the person's own expense, and the timeframe within which they must be allowed to make these calls, if at all, are subject to the rules and regulations of the particular holding facility. It is advisable for individuals or their representatives to inquire with the local law enforcement agency or detention center to understand the specific policies in place regarding telephone access following an arrest.