A common question criminal defense attorneys receive is whether they will be allowed to make a phone call if they are arrested or detained in jail. First, however, it is crucial to understand that if you are arrested, you have the powerful right to remain silent.
This crucial tool not only significantly impacts your case but also empowers you, giving you a sense of control and confidence in a challenging situation. Remember, you do not have to answer any questions from law enforcement without first speaking with an attorney.
It is always a good idea to exercise this right, as anything you say can be used against you in court. This right to remain silent is a powerful tool that can significantly impact your case and empower you in a challenging situation.
You also have the right to a lawyer. The Miranda warning, a requirement for all police officers, is there to notify suspects of their rights to remain silent and to have an attorney present during questioning, providing a secure legal protection that you can rely on, ensuring you feel reassured and protected.
On the issue of a phone call in jail, California law allows a detained person to make at least three completed telephone calls no later than three hours after arrest. The process usually involves requesting the call from the jail staff, who will then provide access to a phone.
This information will help you feel informed and prepared for the process, ensuring that you are aware of your rights and how to exercise them.
What is the Purpose of the Phone Calls?
The general purpose of the phone calls is to allow the individual to contact an attorney, a bail bondsman, or someone who can help them make arrangements for their release from custody, providing a form of support and ensuring that you feel less isolated.
It's important to note that the right to a phone call is not for personal use. If you are arrested, you will not be allowed to make unlimited calls to friends or family members.
As noted, the right to a phone call is limited to those necessary for legal and practical purposes related to your detention, such as contacting an attorney, a bail bondsman, or someone who can help you make arrangements for your release from custody.
However, in California, if you have minor children, you are entitled to two additional phone calls to arrange childcare in your absence. This right applies to both custodial and non-custodial parents, ensuring that all parents have the opportunity to make arrangements for their children's care.
Key Takeaways
- California law guarantees you not just one, but three phone calls when you're arrested under Penal Code 851.5 PC.
- After someone is arrested and booked, they are entitled to phone calls no later than three hours after arrest.
- A sign posted near the telephone booth typically provides information on which phone numbers are considered local.
- Collect calling is also an option for making phone calls to a number outside of the local area.
- PC 851.5 has additional built-in protections for custodial parents who have responsibility for minor children.
- The rights to phone calls are absolute, regardless of immigration status or other potential obstacles
Key Details of the Law
- The three calls must be completed calls, not just dialed.
- You must be offered these calls as soon as it's reasonable.
- The calls must be free of charge in the local dialing area.
- These rights must be clearly posted in the jail with a sign.
Whom Can An Arrestee Call?
- Lawyer. This call is critical for getting immediate legal advice, and attorney-client communication must not be recorded. It's important to remember that your lawyer can provide valuable guidance and support during this challenging time, so don't hesitate to make this call.
- Bail Bondsman. If bail is set, contacting a bail bondsman can allow you to begin the process of securing your release.
- Relative or Other Person. This call enables you to coordinate support, such as notifying someone of your arrest.
What Does PC 851.5 Say?
California Penal Code 851.5 PC says, "(a)(1) Immediately upon being booked and, except where physically impossible, no later than three hours after arrest, an arrested person has the right to make at least three completed telephone calls, as described in subdivision (b).
(2) The arrested person shall be entitled to make at least three calls at no expense if the calls are completed to telephone numbers within the local calling area or at his or her own expense if outside the local calling area.
(b) At any police facility or place where an arrestee is detained, a sign containing the following information in bold block type shall be posted in a conspicuous place:
The arrestee has the right to free telephone calls within the local calling area, or at their own expense if outside the local calling area, to three of the following:
(1) An attorney of his or her choice or, if he or she has no funds, the public defender or other attorney assigned by the court to assist indigents, whose telephone number shall be posted. This telephone call shall not be monitored, eavesdropped upon, or recorded.
(2) A bail bondsman.
(3) A relative or other person.
(c) As soon as practicable upon being arrested, but, except where physically impossible, no later than three hours after arrest, the arresting or booking officer shall inquire as to whether the arrested person is a custodial parent with responsibility for a minor child. The arresting or booking officer shall notify the arrested person who is a custodial parent with responsibility for a minor child that he or she is entitled to, and may request to, make two additional telephone calls at no expense if the telephone calls are completed to telephone numbers within the local calling area, or at his or her own expense if outside the local calling area, to a relative or other person for the purpose of arranging for the care of the minor child or children in the parent's absence.
(d) At any police facility or place where an arrestee is detained, a sign containing the following information in bold block type shall be posted in a conspicuous place:
The arrestee, if they are a custodial parent with responsibility for a minor child, has the right to two additional telephone calls within the local dialing area, or at their own expense if outside the local area, for the purpose of arranging for the care of the minor child or children in the parent's absence.
(e) These telephone calls shall be given immediately upon request, or as soon as practicable.
(f) The signs posted pursuant to subdivisions (b) and (d) shall make the specified notifications in English and any non-English language spoken by a substantial number of the public, as specified in Section 7296.2 of the Government Code, who are served by the police facility or place of detainment.
(g) The rights and duties set forth in this section shall be enforced regardless of the arrestee's immigration status.
(h) This provision shall not abrogate a law enforcement officer's duty to advise a suspect of his or her right to counsel or of any other right.
(i) Any public officer or employee who willfully deprives an arrested person of any right granted by this section is guilty of a misdemeanor."
How Can a Defense Attorney Help You?
If your right to these phone calls was violated during your arrest, our skilled California criminal defense attorneys can take this violation into account as part of your defense strategy.
A violation of PC 851.5 raises serious questions about whether other procedural violations may have occurred. This can damage the credibility of law enforcement officers involved in your case.
If you were denied timely access to an attorney through denial of a phone call, any statements you made during that time may be inadmissible in court.
For some defendants, pointing to repeated failures by law enforcement to follow their legal responsibilities can be a critical component of their defense. This could demonstrate a pattern of systemic issues that may impact the fairness of your case.
We can assist in filing complaints against the officers or department responsible for denying your phone call rights. This can serve as an additional accountability measure. For more information, contact our criminal defense law firm, Cron, Israels & Stark, located in Los Angeles, CA.
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