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    Denied phone call when arrested

    Jurisdiction / State: Ohio

    I cannot find the specific section of law that protects an individuals' right to a free phone call upon being arrested. I am almost positive that this would fall under 'civil rights' issues, having lost my job as a result of the matter. This was over a misdemeanor if that helps at all. I missed 2 consecutive days of work and was unable to alert my family or employer of my disposition.


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    Quote Originally Posted by Continue View Post
    I cannot find the specific section of law that protects an individuals' right to a free phone call upon being arrested. I am almost positive that this would fall under 'civil rights' issues, having lost my job as a result of the matter. This was over a misdemeanor if that helps at all. I missed 2 consecutive days of work and was unable to alert my family or employer of my disposition.
    This Ohio lawyer indicates that you have the right, within a reasonable time after your arrest and transportation to the jail, to make a local telephone call. He does not cite the applicable law. I suspect it is addressed in Ohio Criminal Procedure. You could call his office and ask him for the specific cite. I couldn't find it.

    By way of explanation, in Texas, you are allowed a phone call within four hours after arrest and confinement.
    It isn't a statutory right, however.
    It is a privilege for cooperating with the jail authorities.
    It can be withheld if you're combative, suicidal, or disruptive.
    You'll get the call even if you do any of the above, it just might be withheld for longer than four hours, until you cooperate.



    IF YOU ARE ARRESTED OR TAKEN TO A POLICE STATION:

    The very second that you are arrested (either informed of such by the officer or handcuffed), you have the right to remain silent and to talk to a lawyer before you talk to the police. Exercise these rights! Tell the police you wish to speak with your attorney immediately and then say nothing except your name, address and biographical information. Do not give any explanations, rationalizations, excuses or stories concerning your conduct. NOTHING! You can defend yourself later, in court, based on what you and your lawyer decide is best.

    Ask to see a lawyer immediately. If you can not pay for a lawyer, you have a right to a free one, and should ask the police how the lawyer can be contacted. Do not say anything without a lawyer!

    Within a reasonable time after your arrest, you have the right to make a local phone call: to a lawyer, bail bondsman, a relative or any other person. The police may not listen to your call to your lawyer.

    Do not make any decisions in your case until you have talked with a lawyer.

    http://www.ohiojustice.com/PracticeA...s.asp#arrested

    Q: If I don't want to say anything after being arrested, I'm within my rights, correct?

    * A: If you've been arrested, you need only say, " I want to speak with an attorney," or " I have nothing to say now." You don't have to say anything after that. And, the police are required to stop questioning you immediately.


    http://criminal.lawyers.com/Criminal...ce-FAQ.html#10

  3. #3
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    Well hot dog I get to find a statute before ARMY does.

    The right to a phone call is linked to your right to counsel. If you are unable to make a call you are unable to get an attorney. So....

    You have a statutory right to a phone call right here:


    2935.20.

    After the arrest, detention, or any other taking into custody of a
    person, with or without a warrant, such person shall be permitted
    forthwith facilities to communicate with an attorney at law of his
    choice who is entitled to practice in the courts of this state, or to
    communicate with any other person of his choice for the purpose of
    obtaining counsel. Such communication may be made by a reasonable
    number of telephone calls or in any other reasonable manner. Such
    person shall have a right to be visited immediately by any attorney at
    law so obtained who is entitled to practice in the courts of this
    state, and to consult with him privately. No officer or any other
    agent of this state shall prevent, attempt to prevent, or advise such
    person against the communication, visit, or consultation provided for
    by this section.

    STATE v. TURNER, 2007-P-0090 (8-1-2008)

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    Quote Originally Posted by jharris352 View Post
    Well hot dog I get to find a statute before ARMY does.

    The right to a phone call is linked to your right to counsel. If you are unable to make a call you are unable to get an attorney. So....

    You have a statutory right to a phone call right here:


    2935.20.

    After the arrest, detention, or any other taking into custody of a
    person, with or without a warrant, such person shall be permitted
    forthwith facilities to communicate with an attorney at law of his
    choice who is entitled to practice in the courts of this state, or to
    communicate with any other person of his choice for the purpose of
    obtaining counsel. Such communication may be made by a reasonable
    number of telephone calls or in any other reasonable manner. Such
    person shall have a right to be visited immediately by any attorney at
    law so obtained who is entitled to practice in the courts of this
    state, and to consult with him privately. No officer or any other
    agent of this state shall prevent, attempt to prevent, or advise such
    person against the communication, visit, or consultation provided for
    by this section.

    STATE v. TURNER, 2007-P-0090 (8-1-2008)

    You, Brother Harris, have become the legend I aspire to become!

    If this were the Round Table of the People's Law, you'd be King Arthur, your majesty.

    May I now withdraw, your most exalted highness?

    My goodness, counselor, how valuable is all this legal wisdom we dispense gratis.

    The ABA is, no doubt, very, very proud of us!


    Last edited by army judge; 05-15-2010 at 11:01 PM.

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