A criminal defense intake call has a strange shape. You need a lot of specific details, fast, from someone who's frightened and wants to tell you the whole story. And the story is the one thing intake usually shouldn't take.
This guide gives you the questions to ask on arrest and charge calls, the order to ask them in, and the questions to leave for the attorney.
The rule that shapes everything else
Intake gathers logistics. The attorney handles facts.
That's not just about saving time. Callers on jail phones are often on recorded lines. Family members calling about someone else may not be covered by the same confidentiality protections as the client. A caller who confesses something to your intake line hasn't helped anyone.
So train intake, human or AI, to redirect when the caller starts telling the story.
"I'm going to stop you there, and that's for your protection. The attorney will want to hear all of that directly. For now I just need a few details so we can get you set up."
Have your attorney approve that wording. Then use it every time.
Start with who's calling
Before any questions about the case, figure out who's on the line.
- Is this the person who was arrested or charged, or someone calling for them?
- Caller's name, phone number and best time to reach them.
- If it's a third party, their relationship to the person.
- Is the person who was arrested in custody right now?
Custody status changes everything that follows. Someone sitting in jail needs speed. Someone who got a citation and a court date three weeks out needs a well-run consult.
"Is he still in custody, or has he been released?"
Arrest and charge checklist
Here's the core list. Ask in this order, so that if the call drops early you still have the most useful details.
The person
- [ ] Full legal name (and any other names used)
- [ ] Date of birth
- [ ] Best contact number, or an outside contact if they're in custody
The arrest
- [ ] Date of arrest or date they were charged
- [ ] Arresting agency (city police, sheriff's office, state police, federal agency)
- [ ] County or city where it happened
The charge
- [ ] Charge as written on the paperwork, or as the officer stated it
- [ ] Whether they know if it's a misdemeanor or felony (mark "unknown" if not)
- [ ] Any paperwork in hand (citation, booking sheet, release papers, bond receipt)
Custody and bond
- [ ] Custody status (in custody, released on bond, released without bond, never arrested)
- [ ] Facility name and location, if in custody
- [ ] Booking number
- [ ] Bond status (set, not set yet, denied, posted) and amount if known
- [ ] Any holds they know of, such as from another county or a probation matter
Court
- [ ] Next court date and time
- [ ] Court name and courtroom, if listed
- [ ] Case number, if they have one
History and other counsel
- [ ] Do they have an attorney now, or did a public defender get appointed?
- [ ] Any other open cases, or currently on probation or parole?
Payment
- [ ] Who's going to pay for representation?
Capturing court dates and bond details is its own skill, and we break it down in capturing court dates and bond info on the first call.
Script lines that keep it moving
Callers won't always know these answers. Make it easy for them to say so.
"Do you have any paperwork from the arrest? If you do, the charge and court date are usually printed on it. Can you read me what it says?"
"Do you know if a bond was set? It's okay if you don't, we'll mark that down."
"Has anyone been appointed to represent you, like a public defender? We ask so the attorney knows where things stand."
"Who'll be handling payment for the attorney? That's just so we know who to send the paperwork to."
Notice what these lines don't do. They don't guess at the charge level, predict bail or suggest outcomes. That's all attorney territory.
Why prior counsel matters
It's tempting to skip the "do you have a lawyer already" question. Don't.
If the person already has private counsel, your attorney needs to know before the consult. If a public defender has been appointed, that's normal and not a reason to turn the caller away. Plenty of people call a private firm after their first appearance. Your attorney just needs to know what's already happened.
Why "who's paying" is its own question
In criminal defense, the person paying often isn't the client. A parent pays for an adult son. A spouse pays from a joint account. An employer offers to cover it.
Intake should capture that early and clearly, because it affects who gets the retainer, who gets updates and what can be shared. The client is the person charged. We go deeper on this in handling calls from family members of arrested clients.
Names for the conflict check
Most firms want the names of co-defendants and any alleged victim so the attorney can check for conflicts before the consult. Ask for names only.
"Is anyone else charged in the same case? And is there a named person on the other side? Just the names, we don't need details."
Then run it through your own conflict process. Our post on running conflict checks at intake covers how to set that up.
Optional questions to discuss with your attorney
A few questions are useful to some firms and not others. Decide as a firm before adding them:
- Citizenship. A criminal case can carry immigration consequences, and the attorney may want to know early. Some firms ask it gently at intake. Others leave it for the consult.
- Employment or professional license. Matters for charges that could affect a job or license.
- A one-line description. Some attorneys want a single sentence on the general type of incident. If yours does, define exactly what that looks like so it doesn't turn into the full story.
Questions intake should never answer
Callers will ask. Intake should have a calm, consistent response.
- "Will I go to jail?"
- "Is this a felony?"
- "How much is bail usually for this?"
- "Should I talk to the detective?"
- "Can you get this dropped?"
"I can't answer that, but the attorney can, and it's a good question to bring to the consult. Let's get you on the calendar."
The detective question deserves a note. If a caller says police want to talk to them, flag it as urgent and get it to an attorney right away. Don't let intake weigh in either way.
End with a booked consult
Every arrest or charge call should end with a time on the calendar, or a clear reason why not. A text confirming the time and what to bring (paperwork, bond receipt, court notice) gives the caller one less thing to worry about. For a broader starting template, see our law firm intake checklist.
Where IntakeGenius fits
Our AI voice agent asks your criminal defense questions in the order you choose, redirects callers away from the facts using your approved wording, and books the consult. Everything lands in IntakeCRM with the charge, custody, bond and court details filled in. We build it around your criminal defense process, so you're not starting from a blank form.
Curious how it would sound with your questions? Book a 15-minute demo. No slides.