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Law Change Expands Custodial Parents Rights To Two Additional Phone Calls After They Have been Arrested (PC 851.5)

Under California Penal Code section 851.5, you must be allowed to make three completed phone calls within three hours after you have been arrested. Further, if you are a custodial parent you are entitled to make two additional phone calls to arrange for the care of any minor children. The right to make these telephone calls to arrange for child care is allowed regardless of your immigration status.


Due to recent amendments, California law now requires that the arresting officer ask you if you are a custodial parent. If you are a custodial parent, the arresting officer must inform you that you are allowed to make two additional phone calls to arrange for child care during your absence. The arresting officer must inform you of your right to make telephone calls as soon as it is practicable, but no later than three hours after your arrest. Further, your right to make two additional phone calls regarding child care for minor children must also be posted on a sign that is out in the open and visible to you after arrest.

If the phone calls are made within the local calling area they will be no expense to you, but if they are made outside the local calling area you will be liable for the expense.

If you or a loved one has been arrested it is important you contact an experienced and knowledgeable Ventura criminal defense law firm. The attorneys at Wallin & Klarich have over 30 years of experience successfully defending clients in criminal matters. We have offices in Los Angeles, San Bernardino, Riverside, Ventura and Orange County. Call us today at 1-888-280-6839 or visit us online at www.wklaw.com for more information. We will get through this together.

About Wallin & Klarich


Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.