If I’m Arrested, do I have the Right to a Phone Call?
Apr 29, 2020
One of the most common questions I get, besides, they didn't read me my rights, is whether the police have to give you a phone call. The following is my public service announcement regarding this oft requested information.
Drumroll...the answer is YES!!
If you are arrested, California Penal Code section 851.5 states, that immediately upon booking, unless it is physically impossible, and no longer than 3 hours after you are arrested, you have the right to not one phone call, but three, count them, three, phone calls. And not just any phone call either, they must be completed phone calls. Also, if the calls are local, they are free. If the calls are long distance, you can make those at your own expense.
The jail must also post a sign (See PC 851.5(b)) that informs the arrestee of these rights and the sign must be posted in a conspicuous location. In addition, you get a bonus of two phone calls if you are a custodial parent and must make calls to tp arrange for the care of your minor child while you are detained. (See PC 851.5(c).) A sign must be posted with this information as well.
Now that you know about your right to a phone call, make sure your first call is to the Mitchell Law Group. Call us to make sure your rights are protected and to provide you the aggressive, non-stop, action packed defense you deserve. You can reach us for free!
Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.