Criminal defense intake is the process of answering, screening and converting calls from people who've been arrested or charged, and from the family members calling for them. Done well, it gets the logistics (who, where, which charge, next court date), checks conflicts, quotes a fee and books a consult, all without asking anyone to describe what they did on a recorded line. Most defense firms lose more cases at intake than anywhere else in their marketing.
What criminal defense intake has to accomplish
A criminal intake call has four jobs, in this order: keep the caller on the line, collect enough to check conflicts and assess the case, explain what happens next and roughly what it costs, and set a specific next step. Notice what's not on that list. Hearing the story.
Callers want to tell you what happened. Many will start talking before you can stop them. Your intake person needs a polite, practiced way to redirect: "I want to help, and the attorney will go through everything with you. For now I just need a few details so we can get started."
A call script for the first few minutes
Here's a structure that works for most defense firms. Adapt the wording to your voice, but keep the order.
Identify who's calling and for whom
"Are you calling about your own case, or for someone else?" This one question changes the rest of the call.
Get names for the conflict check
Full name and date of birth of the accused, and, if known, the names of any co-defendants or alleged victims. Run the check before anyone discusses substance.
Collect logistics only
The charge as written on the paperwork, county or court, whether the person is in custody (and where, with booking number), bail amount if set, and the next court date.
Explain the next 48 hours
What happens at first appearance or arraignment, whether an attorney can appear at a bail hearing, and what the caller should and shouldn't do (including not discussing the case on jail phones).
Quote the fee structure
Explain your flat fee for that charge and stage, what it covers, and how trial is priced. Vague answers here lose callers to firms that are clear.
Book a specific next step
A consult time with the attorney, a jail visit, or a retainer sent by email. Never end with "someone will call you."
Calls from jail
Calls placed from jail phones are generally recorded and often monitored, and the recording usually starts with a warning saying so. Attorney lines registered with the facility may be treated differently, but you shouldn't assume a call from a jail phone to your intake line is private.
Train everyone who might answer a jail call to say early: "Please don't tell me anything about what happened on this line. These calls are recorded." Then collect only identity, location, charge and court date. Admissions made on recorded jail calls can end up in discovery. Your intake staff should never be the reason.
The same caution applies to texts and emails. A text thread on a shared family phone, or an email to a work address, can be seen by people you didn't intend. Ask how they'd like to be contacted and whether it's safe to leave messages.
Family callers and who the client is
When a mother calls about her son in custody, she's usually the decision-maker and often the payer. But the son is the client. That has real consequences: the client's interests control the defense, and some things he tells you can't be shared with her.
ABA Model Rule 1.8(f) allows a lawyer to accept fees from someone other than the client only if the client gives informed consent, the payer doesn't interfere with the lawyer's independent judgment, and client confidentiality is protected. Many defense firms put this in writing in a short payer acknowledgment. Your state's version may differ, so check it.
Say this on the first call, kindly: "We're glad to talk with you and keep you informed where we can. Once we represent your son, some things will be between him and the attorney." Families generally appreciate the honesty, and it prevents an angry call three weeks later.
Conflicts that are specific to criminal work
Two conflict situations come up constantly in criminal intake:
- Co-defendants. Two people arrested together often call the same firm, sometimes the same night. Representing both is usually a serious conflict under Rule 1.7. Check every name before substantive discussion, and have a referral list ready.
- Alleged victims in domestic cases. In DV cases the alleged victim frequently calls a defense firm wanting charges dropped or wanting to help the accused. That person is not your client, may become a witness, and shouldn't receive legal advice from your intake staff. Have a script for this call. Our page on domestic violence defense marketing covers this from the advertising side.
Rule 1.18 also applies to prospective clients who never hire you. What they told you can still bar you from a related matter, which is another reason to keep first calls to logistics.
After hours, speed and follow-up
Criminal defense intake has to work at night and on weekends, because that's when arrests happen and when families find out. Options, roughly in order of what we'd recommend: an attorney or trained staff member on a phone rotation, a legal-specific answering service trained on your script with an escalation path, or (worst) a voicemail with a promised callback time that you actually meet.
Follow up the same day on every missed call and unbooked caller. Many people who don't retain on the first call simply haven't decided between you and the public defender. A calm, honest second conversation about availability, time spent on the case and fee structure, without disparaging appointed counsel, converts a meaningful number of them.
Are your ads producing calls your intake can't close?
We'll listen to recorded calls (with your permission), check answer rates by hour, and show where callers drop off. Free.
Strong intake makes every channel cheaper, from criminal defense PPC to Local Services Ads, where answer rate affects how Google shows you. Our cost per signed case analysis explains why intake moves that number more than ad tweaks, and our law firm marketing overview shows how intake fits the whole system.
Frequently Asked Questions
Ask who's calling and for whom, the accused's full name and date of birth, names of co-defendants or alleged victims for a conflict check, the charge as written, the county or court, custody status and location, bail if set, and the next court date. Avoid asking what happened. The attorney covers facts in a protected consultation.
Calls from jail phones are generally recorded and often monitored, and many facilities announce this at the start of each call. Registered attorney lines may be handled differently depending on the facility, but intake staff shouldn't assume privacy. Tell callers not to discuss facts and collect only identifying and scheduling information.
Yes, in most states, with conditions. Under ABA Model Rule 1.8(f), the client must give informed consent, the payer can't direct the defense, and the client's confidential information stays protected. Many firms document this in a short agreement signed by the payer and the client. Check your own state's version of the rule.
Don't disparage appointed counsel. Explain honestly what you offer: time per case, direct access to the attorney, availability before arraignment, and a predictable flat fee. Many people simply want to know who they'll be talking to and when. A clear, respectful comparison converts better than claims you can't support, which also create Rule 7.1 issues.
A legal-specific answering service can work if it's trained on your script, knows not to collect facts, can identify jail calls, and has a way to reach an attorney for urgent matters like same-day bail hearings. A generic message-taking service usually loses criminal callers, who keep dialing until a person can actually help them.