October 16, 2026 | Criminal Law
The idea that you get exactly one phone call immediately after an arrest largely comes from television and movies. In reality, the rules are more nuanced. If you are only temporarily detained, officers generally do not have to stop the investigation to allow you to make a call.
After an arrest and booking, however, you may have access to a telephone under applicable jail procedures. The timing and method of access can depend on the facility and security needs.
What Are the Differences Between Being Detained and Being Arrested?
A detention is generally temporary. Police may be allowed to stop you briefly while they investigate whether a crime occurred. An arrest means being taken into custody based on probable cause that a crime has occurred or is occurring, or because there is an arrest warrant.
During a temporary detention, officers don’t necessarily have to let you call anyone before they finish investigating. If you’re not sure what’s going on, you can simply ask them whether you’re detained, arrested, or free to leave.
Whatever the answer is, don’t ever physically resist, even if you think you’re being held unlawfully. This is something you can discuss with a criminal defense lawyer after the encounter is over.
When Do You Have the Right to an Attorney?
Your right to an attorney matters far more than any right you may have to a phone call. If police take you into custody and want to question you, you can clearly state that you want a lawyer and that you’re staying silent.
Once you clearly request an attorney, police generally must stop custodial questioning. However, requesting a lawyer does not automatically entitle you to an immediate phone call.
Do Police Have to Read Miranda Rights as Soon as You Are Detained?
No, and if they don’t, that doesn’t mean your arrest was improper or that your charges will be dropped, which is what a lot of people think. Miranda warnings are required before custodial interrogation, meaning you are in custody and are also being interrogated.
Officers don’t have to read you anything just because they stop you, handcuff you, or even arrest you. They can arrest someone without asking a single question.
If officers do start questioning you while you’re in custody, that’s when the warnings come in. They generally have to tell you that you can remain silent, that what you say can be used against you, and that you have the right to a lawyer.
What Should You Do If Police Allow You to Make a Call?
If you do get a call, use it carefully, because it may be the only one you get for a little while. If you happen to have a criminal defense attorney’s phone number memorized, you can make this your first call, but most people aren’t in this position.
This means your best bet is to call a friend or family member that you think will pick up, or that you know has voicemail set up. This way, you can tell them what’s going on, let them know where you’re being held, and ask them to find a lawyer for you right away.
What you should not do is talk about the case. Avoid discussing what happened, what any witnesses said, where evidence might be, what you already told police, or what you plan to say later. Calls from a jail or detention facility to friends and family can be monitored and recorded, and those recordings can then be used against you.
Contact an Indianapolis Criminal Defense Lawyer at Suhre & Associates DUI and Criminal Defense Lawyers
If you’ve been arrested, it’s normal to wonder when you’re going to get to make a phone call. This can be a very overwhelming situation, especially if you’ve never had any experience with the criminal justice system before. You can politely ask to use the phone, but the police generally aren’t required to let you make a call immediately, as many people think.
The best thing you can do is tell them you don’t wish to answer any questions and you would like to speak to a lawyer. If you have any questions about this process or believe you were held or questioned improperly, our firm can help.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (317) 759-2599 or visit us at our Indianapolis law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Indianapolis
101 W Ohio St #2000,
Indianapolis, In 46204
(317) 759-2599
