How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask romlawyer Your Own Question
romlawyer
romlawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1170
Experience:  JD, 75+ Trials, 1000s of cases, Licensed in PA
9045092
Type Your Criminal Law Question Here...
romlawyer is online now
A new question is answered every 9 seconds

In the state of Pennsylvania, what is the law regulating ...

Resolved Question:

In the state of Pennsylvania, what is the law regulating the first phone call offered after an arrest?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  romlawyer replied 8 years ago.

There is no law giving you a right to a phone call..... You are entitled to get word to someone that you have been arrested....

There is however a rule of criminal procedure allowing you to make bail, and in Pennsylvania you are to be arraigned by a judge and bail set within 6 hours of your arrest (or longer if good cause exists).... Once bail is set many judges will let you contact someone if you think they can help you make bail...

Once remanded to the prison, you are eligible for normal telephone privileges for inmates at that prison...

romlawyer and other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to romlawyer's Post: Thank you for your time "romlawyer". Here is the scenerio, a friend of mine was arrested, and NO phone call was permitted, no "Entitlement to get word to someone that he had been arrested" Bail was set 24 hours after his arrest. The arrest was at 3:30 pm for a bounced check.
Expert:  romlawyer replied 8 years ago.

The remedy he has is two fold... under the six hour rule, any statements made after 6 hours in custody, even if mirandized, are inadmissible if he files a Davenport Motion....

Secondly, if he can show the police acted maliciously, that is that they intentionally denied him his rights, he can file suit under section 1983 for a civil rights claim.... but the short detention makes the damages very small, if any.....

Any illegality in the arrest and detention is not a defense to the crime itself.

Expert:  romlawyer replied 8 years ago.
Do you need anything else answered?
romlawyer and other Criminal Law Specialists are ready to help you