Don't I get my phone call?
A Tucson Criminal Defense Attorney Explains
It's a scenario familiar to anyone who's ever watched a TV crime drama: After an arrest, the arrestee demands, "I want my phone call!"
But if you've found yourself in the unexpected situation of being arrested, you may have discovered that reality doesn't always play out like a Hollywood script. Many of our clients have expressed this frustration - and rightfully so - about not being given that phone call after being taken into custody. As a seasoned Tucson, Arizona, criminal defense attorney, I'm here to shed some light on this often-misunderstood aspect of the criminal justice process.
Firstly, it's crucial to understand that the right to a phone call after an arrest isn't a Constitutional Right, Arizona state law, or even local jurisdiction policy (in most cases).
This may come as a surprise - and a point of frustration - for many who find themselves in a situation where a phone call seems reasonable and necessary.
The right to a phone call, as seen on TV, is a fictionalized version of an arrestee's actual rights. What does exist is the right to legal counsel, specifically during a custodial interrogation. This is when you've been taken into custody, and the police want to question you about your involvement in a crime. At this point, you have the right to have an attorney present; if you can't afford one, a public defender will be appointed.
Now, while a phone call isn't guaranteed, some jurisdictions usually have a policy that allows those arrested to communicate with a friend, family member, or attorney within a reasonable time frame after their arrest. However, this is often subject to the policies of the particular police department and the specific circumstances of the arrest.
Despite the absence of a guaranteed "phone call," we understand it feels inherently wrong when law enforcement denies such a basic request. Indeed, in the eyes of a jury, denying an arrestee the chance to inform family, friends, or legal counsel of their situation could come off as unsympathetic, rude, or even an overreach of authority.
Such perception could play a crucial role in a trial, influencing the jury's viewpoint of the arrest procedure and the police's handling of your case.
Moreover, if you've been denied a phone call, it raises questions about whether any of your rights may have been overlooked or even violated during your arrest and subsequent treatment. These could include your Miranda rights to remain silent and to an attorney during questioning, which is crucial for a fair legal process.
The complexity of the legal system and the nuances of your rights after an arrest underline the importance of securing experienced legal counsel as soon as possible. If you're in a situation where you feel your rights have been violated, it's essential to speak with a criminal defense attorney who can thoroughly review the specifics of your case.
As an experienced Tucson criminal defense attorney, I'm committed to protecting your rights and advocating for you every step of the way. I would like to invite you to reach out and share your experience. Together, we can navigate the complexities of your case and strive for the best possible outcome in court.
