Do you only get one call when arrested?

On Behalf of | Oct 30, 2024 | Criminal Defense |

The image of a lone suspect making one desperate phone call after an arrest is a staple of crime stories in various media. How much truth is there to this cinematic trope? The reality of your rights after an arrest can be much more complicated, and understanding them is crucial.

The “one phone call” rule is not a constitutional right

The “one call” rule is a myth with no basis in law. In the United States, there is no federal statute or constitutional right granting arrested individuals a single phone call. The rules surrounding post-arrest communication vary from state to state and even jurisdiction to jurisdiction.

In North Carolina, the law does not guarantee a set number of phone calls for arrestees. Instead, it focuses on ensuring that arrested individuals have reasonable opportunities to communicate with their attorneys and family members.

The law also does not specify when you can make the call, only that law enforcement must allow it “at the earliest possible time.” In practice, this means that the call may not happen immediately, especially if the arrest occurred during a busy or chaotic time.

What to do when arrested

If arrested for a crime, consider these key factors:

  • Right to call: Once booked, you have the right to make a phone call. The time and conditions can vary, so you should always ask for the opportunity to call.
  • Timing matters: Law enforcement may delay your call until you are officially booked or if they believe it will interfere with their investigation.
  • Who to call: Call someone who can help you quickly. This could be a lawyer, a family member or a friend. Often, it is best to secure the help of an experienced North Carolina attorney to mount a strong defense against criminal charges.

Calls to your attorney remain confidential, and law enforcement cannot monitor them. This does not apply to calls to family or friends, so be cautious when discussing your case with anyone other than your attorney over the phone. The prosecution can use anything you say against you in court.