By the Templateez Team · Licensed Attorney · June 2026

Intake Forms for Criminal Defense Attorneys: Case Assessment, Conflict Screening, and Time-Sensitive Documentation

Your phone rings at 11 p.m. on a Saturday. A person you have never spoken to is calling from a county jail. They were arrested four hours ago, their arraignment is Monday morning, and they need a lawyer who can assess their case, identify conflicts, and start building a defense — all before a judge sets bail in 36 hours. This is not a hypothetical. This is how a significant percentage of criminal defense representations begin.

Criminal defense intake operates under constraints that no other practice area faces. The client may be in custody. Evidence is being lost or overwritten every hour. Witnesses are forgetting details. The government’s case is already being assembled. And the attorney has a narrow window to capture the facts that will drive every strategic decision from arraignment through trial or plea. A structured intake form is the difference between walking into court prepared and walking in with gaps you did not know existed.

Initial Case Assessment: The Fields That Cannot Wait

The first section of any criminal defense intake form must capture the facts that determine what happens in the next 24 to 72 hours. Not background. Not billing. The raw case data.

Charges and statutes. Record the specific charges — not “assault” but the statute number, the degree, and whether the charge is a misdemeanor or felony. A client who says “they charged me with assault” could be facing anything from a disorderly persons offense with a 30-day maximum to a first-degree aggravated assault carrying a 20-year mandatory minimum. The statute number tells you what you are actually defending against.

Jurisdiction. Federal or state. Which court. Which county. This determines everything from the applicable rules of criminal procedure to whether your client faces federal sentencing guidelines or state-level discretionary sentencing. If there are parallel investigations — a state drug charge and a federal conspiracy charge arising from the same conduct — you need to know that at intake, not three weeks later when a federal grand jury subpoena arrives.

Arrest and arraignment dates. When was the client arrested? When is the arraignment? Is the client still in custody or have they posted bail? If they are in custody, bail preparation becomes the immediate priority, and your intake form needs to shift into bail-argument mode: community ties, employment, family obligations, flight risk factors. Every hour your client sits in jail before arraignment is an hour they cannot help you prepare their defense.

Co-defendants. How many people were arrested in connection with this incident? Who are they? What is the client’s relationship to each one? Co-defendant information feeds directly into the conflict check — the single most complex ethical obligation in criminal defense intake.

The Conflict Check: More Complex Than Any Other Practice Area

Conflict screening in criminal defense is not a box you check. It is an ongoing obligation that begins at intake and does not end until the representation concludes. And it is more complicated here than in any other area of law, because the consequences of a conflict are not just malpractice exposure — they are constitutional violations that can result in reversed convictions and Sixth Amendment ineffective-assistance claims.

Your intake form must capture enough information to run a meaningful conflict check against your entire client database:

• Co-defendants. Full names, dates of birth, known aliases. If you represent a co-defendant — or have ever represented one — you likely cannot take the case. Even if the co-defendants’ interests appear aligned today, they almost never stay aligned through plea negotiations.
• Victims. Name, relationship to the client, any prior contact with your office. Representing a client accused of assaulting someone you represented in their divorce two years ago is a conflict that may not be obvious until you check.
• Witnesses. Prosecution witnesses, defense witnesses, and anyone the client expects may be called. A witness who is your current client in an unrelated matter creates a conflict that most attorneys would not catch without a systematic intake process.
• Prior representations. Has your office previously represented anyone involved in this case in any capacity? Has your office previously represented the client on a different matter? Prior representations can create conflicts even when the current matter is unrelated, if confidential information from the earlier representation is material to the new case.

Document the conflict check results on the intake form itself — not in a separate memo, not in your head. If a conflict issue surfaces later, you want a contemporaneous record showing what you checked and when.

Criminal History: What Your Client Forgets to Mention

Clients minimize their criminal history. Not always intentionally — a dismissed charge from twelve years ago genuinely may not seem relevant to them. But a dismissed charge can still appear on a background check, and more importantly, it can reveal patterns that the prosecution will use at sentencing or in bail arguments.

Your intake form should prompt for each of these categories separately, because clients respond to specific questions far more accurately than to a blanket “any prior arrests?”:

• Prior arrests — date, jurisdiction, charges, disposition (convicted, acquitted, dismissed, diverted).
• Prior convictions — including pleas. A guilty plea to a lesser charge is still a conviction. Deferred adjudications that were successfully completed may or may not count as convictions depending on the jurisdiction, and your client will not know the difference.
• Pending cases in other jurisdictions. An open warrant in another county or state changes your bail strategy entirely. A client who fails to disclose a pending case in another state is a client who may be extradited from your courtroom.
• Probation or parole status. If the client is currently on probation or parole, the new arrest may trigger a violation proceeding — a separate case with its own timeline, its own judge, and often a lower burden of proof.
• Sex offender registry status. Registry obligations affect bail conditions, housing options, and employment — all factors that a judge considers at arraignment.
• Immigration status. This is not optional. Criminal-immigration consequences are among the most catastrophic collateral outcomes in criminal law. A misdemeanor drug conviction that carries no jail time can trigger mandatory deportation for a lawful permanent resident. Padilla v. Kentucky requires defense counsel to advise noncitizen clients about the immigration consequences of a plea. You cannot advise what you do not know, and you cannot know if you do not ask at intake. This field belongs on the first page, not buried on page three.

The Right to Counsel: Scope, Fees, and the Questions That Prevent Bar Complaints

Criminal defense fee disputes are among the most common sources of bar complaints nationwide. The reason is almost always the same: the client and the attorney had different understandings of what the fee covered. Your intake form is the place to prevent that.

Retained vs. appointed. If the client is seeking appointed counsel, your intake process is different — you may be screening for eligibility, not onboarding for representation. If retained, document it clearly.

Fee structure. Criminal defense fees are typically flat fee, but the scope of what’s included varies enormously. Does the flat fee cover the case through trial? Through sentencing? Through a first appeal? What about a probation violation six months later that arises from the same underlying case? If the case is resolved at the preliminary hearing stage, is any portion refundable? Setting clear expectations at intake is the single most effective way to prevent fee disputes.

Scope of representation. Limited appearance rules vary by jurisdiction. Some states allow you to enter a limited appearance for arraignment only, or for pretrial motions only. Document the agreed scope. A client who believes you are handling their case through appeal, when you agreed to handle it through plea or trial, will file a bar complaint — and the disciplinary board will ask to see what was agreed at intake.

Statements to Police: The Case-Outcome-Determinative Section

If there is one section of a criminal defense intake form that deserves its own page, it is this one. What the client said to the police — and what the police said to the client — often determines the outcome of the entire case.

Miranda. Was the client advised of their Miranda rights? When — at the scene, at the station, in the patrol car? Did the client invoke? What words did they use? Did the client invoke and then resume talking after further questioning? The precise sequence matters. A client who says “I think I need a lawyer” has not unambiguously invoked under Davis v. United States, and continued questioning may be admissible. A client who says “I want a lawyer” has invoked, and everything after that is suppressible — unless the client reinitiated.

Statements made. What exactly did the client say? Not a summary — the actual words, as close as the client can recall. Did they make a full confession? A partial admission? A denial that can be used as a prior inconsistent statement if the defense theory changes? Did they provide a written statement? Did they sign anything?

Consent to searches. Did the client consent to a search of their person, vehicle, home, or phone? Was consent verbal or written? Was the client told they had the right to refuse? Was the consent voluntary, or was there an implied threat (“we can do this the easy way or the hard way”)? Consent issues are among the most sensitive facts in any criminal case, and they must be documented contemporaneously.

Evidence Preservation: What Disappears While You Wait

Evidence in criminal cases has a shelf life, and it is shorter than most clients realize. Surveillance footage from a convenience store is typically overwritten in 7 to 30 days. Body camera footage may be retained longer, but it must be requested through formal channels. Cell tower records require a preservation letter to the carrier. Social media posts are deleted, accounts are deactivated, and metadata is lost.

Your intake form should include a section that prompts the attorney — not the client — to identify evidence that needs immediate preservation:

• Body camera and dash camera footage. Which agency? How many officers responded? File the preservation request within days, not weeks.
• Surveillance video. Where did the incident occur? What businesses or residences might have cameras covering the area? Gas stations, ATMs, traffic cameras, doorbell cameras — any of these could contain exculpatory footage, and all of them overwrite on a rolling basis.
• Cell phone and electronic records. Was the client’s phone seized? If so, was it pursuant to a warrant? If not seized, what relevant communications exist — texts, call logs, location data, photos with timestamps? Advise the client to preserve their phone in its current state.
• Social media. What platforms does the client use? Are there posts, messages, or check-ins relevant to the timeline? Has the client already deleted anything? Spoliation issues cut both ways — you need to know what existed and what was removed.

This section is not about what the client brings you. It is about what you need to go get before it vanishes. Building a client file that works in criminal defense means building it fast.

Witness Information: Alibi, Character, and the Statements Already Given

Witness information in criminal defense intake is not just a name-and-phone-number exercise. You need to know what each witness can testify to and, critically, whether they have already spoken to law enforcement.

Alibi witnesses. Who was with the client at the time of the alleged offense? Where were they? Can it be corroborated with receipts, photos, or electronic records? Alibi notice requirements vary by jurisdiction, but most require early disclosure — you cannot raise an alibi defense at trial if you did not serve timely notice. Capture alibi information at intake so you can evaluate and preserve it immediately.

Character witnesses. Who can speak to the client’s reputation in the community? This matters less at trial (character evidence rules are restrictive) but matters enormously at sentencing and bail hearings, where judges have wide discretion to consider the client’s community ties and personal history.

Eyewitness identification issues. Was the client identified in a lineup, a photo array, or a show-up? Was the identification procedure suggestive? Cross-racial identification? Poor lighting conditions? Eyewitness misidentification is the leading cause of wrongful convictions, and the facts surrounding the identification procedure need to be captured at intake, before the client’s memory of the procedure fades.

Statements already given to police. Have any potential defense witnesses already spoken to detectives? If so, what did they say? A witness who told the police one thing and tells you another has a credibility problem that you need to know about before you put them on your witness list.

Bail and Pretrial Conditions

If your client is in custody, bail is the immediate priority, and your intake form needs a dedicated section that maps directly onto the factors a judge considers at a bail hearing:

• Community ties. How long has the client lived in the jurisdiction? Do they own property? Do they have family in the area?
• Employment. Current employer, length of employment, income. A client with a stable job is a lower flight risk.
• Family obligations. Dependent children, elderly parents, caregiving responsibilities. These are compelling arguments for release.
• Prior failures to appear. Has the client ever missed a court date? If so, what were the circumstances? A single FTA from ten years ago with an explanation is manageable. A pattern of FTAs is a bail argument you will lose.
• Substance abuse history. Relevant to conditions of release, not just sentencing. A judge may condition bail on drug testing, treatment enrollment, or abstinence monitoring. Capture current use honestly — if the client tests positive the day after release, the judge will revoke bail.
• Passport status. Does the client have a passport? Is the client a dual citizen? International travel ability is a flight risk factor that judges weigh heavily, especially in serious felony cases.

Sentencing Exposure and Collateral Consequences

A client cannot make an informed decision about whether to accept a plea offer or go to trial without understanding what they face if convicted. Your intake form should prompt you to assess and document sentencing exposure at the outset — not after the plea offer arrives.

Mandatory minimums. Do the charged offenses carry mandatory minimum sentences? Mandatory minimums remove judicial discretion. A client facing a 5-year mandatory minimum on a firearms charge needs to understand that reality before the first pretrial conference, not the day before the plea deadline.

Sentencing guidelines range. For federal cases, calculate the preliminary guidelines range. For state cases, identify the statutory range and any applicable sentencing factors. This is a rough calculation at intake — it will be refined as discovery comes in — but even a rough range changes the defense strategy.

Collateral consequences. These are often worse than the sentence itself. Document which of the following apply to your client, because each one changes the weight of a conviction:

• Immigration. Deportation, inadmissibility, denial of naturalization. As noted above, this must be assessed at intake under Padilla.
• Professional licensing. A conviction can trigger automatic license revocation for attorneys, physicians, nurses, teachers, real estate agents, and dozens of other licensed professions. Know your client’s profession at intake.
• Firearms. A felony conviction — and certain misdemeanor domestic violence convictions — results in a lifetime federal firearms prohibition under 18 U.S.C. § 922(g). For a client who hunts, works in law enforcement or security, or holds a concealed carry permit, this is a significant collateral consequence.
• Housing. Public housing authorities can deny or terminate tenancy based on criminal convictions. Private landlords increasingly run background checks.
• Employment. Many employers conduct background checks. Certain convictions bar employment in healthcare, education, finance, and government. A client who will lose their career needs to weigh that against the terms of any plea offer. This is part of understanding what happens when intake touches regulated industries — the consequences extend far beyond the courtroom.

Mental Health, Competency, and Substance Use

This section serves a dual purpose in criminal defense. First, psychiatric history and substance use are relevant to defense strategy — diminished capacity, insanity defenses, voluntary intoxication, duress. Second, and more immediately, they are relevant to competency. If your client cannot understand the proceedings or assist in their own defense, the case cannot proceed, and you have an obligation to raise the issue.

Your intake form should capture:

• Current psychiatric diagnoses. PTSD, schizophrenia, bipolar disorder, major depression — any diagnosis that might affect the client’s perception, memory, or behavior at the time of the alleged offense.
• Current medications. What is the client taking? Were they taking it at the time of the offense? Were they compliant with their medication regimen? A client who was off their antipsychotic medication at the time of a violent offense presents a very different defense profile than one who was fully medicated.
• Substance use. Current use, history of use, history of treatment, current participation in any program. This is relevant to defense strategy, bail conditions, sentencing mitigation, and competency.
• Capacity concerns at intake. Can the client follow the conversation? Do they understand the charges? Can they identify the people involved? If you have concerns about competency during the intake itself, document them immediately. Your observations at the first meeting may be the earliest evidence of a competency issue.

Why Generic Forms Fail in Criminal Defense

A general practice intake form — the kind designed for personal injury or family law — will collect a client’s name, address, and a description of their legal issue. It will not prompt you to ask about Miranda invocation. It will not have a field for co-defendant conflict screening. It will not remind you to send an evidence preservation letter before surveillance footage is overwritten. And it will not capture immigration status, which you are constitutionally required to consider before advising on any plea.

Criminal defense intake is not just faster than other practice areas — it is structurally different. The information you need arrives in a different order, under different time constraints, with different ethical obligations, and with consequences for failure that extend beyond malpractice into constitutional rights. A form built for this practice area forces the right questions at the right time, ensures that your associate or paralegal captures what you would capture, and creates a contemporaneous record that protects both your client and your license.