Criminal defense marketing works when it speaks to whoever calls first after an arrest, and that is often a parent or spouse. Four things win that call: a county first-week page, a clear fee, a callback you keep, and your courthouse name. Watch Joshua Albanese explain how to win the family's first call in a short video for defense lawyers.
What criminal defense marketing works for a small firm?
What works for a small defense firm is winning the first call after an arrest, often made by a family member. The Supreme Court's McLaughlin decision treats 48 hours after a warrantless arrest as the general limit for a probable cause determination. Build for that short window before you buy more clicks.
That 48-hour limit covers a judge's probable cause check, not arraignment itself. When the first appearance and arraignment happen varies by state and county.
If word of mouth works for you but you want more consistent lead flow, these four ways add to your referrals. They help when you are good at the law and need help getting found online.
The first call after an arrest often comes from family
The person charged may be in custody, so a parent, spouse or friend often phones the firm first. That caller wants to know what happens next and what it will cost. Write your page and your phone answer for that person.
Treat this as a planning lens, not a rule. A DUI client released the same night may call for themselves the next morning, and someone under investigation can plan for weeks. My law firm marketing guide on crisis and planned clients covers that split across practice areas.
Either way, the person charged is the client, even when someone else calls or pays. That limits what you can share with the caller, as the bar rules below explain.
Four ways to win the family's first call
A first-week page for your county
Explain how bond works at your county jail, when arraignment usually happens, and what the family can do before then. Say the same thing on the phone.
A fee the family can explain
Lay out your fee structure so a parent can repeat it to the rest of the family. Say what is included up to trial and what changes at trial.
A callback time you keep
Name the hour you will call back, then call before it. Ask first how it is safe to reach the caller and the person charged.
Your name at the courthouse
Other lawyers and court staff see your work every week. When a family asks the one lawyer they know, your name should be the one given.
Way one: a page on the first week after an arrest in your county
- Explain how bond or bail works at your county jail, step by step, in the order a family will meet it.
- Say when the first appearance and arraignment usually happen in that county, and what can change the timing.
- List what the family can do before then, such as writing down the arrest details and calling a lawyer.
- Name the courts you appear in, and put a click-to-call number at the top for mobile readers.
- Say the same thing on the phone, so the page and the first call match.
- Leave your one-page-for-everything practice page for now. Add one first-week page for each county you serve, and have a lawyer approve it.
How families find a defense lawyer on Google and in AI answers
Families find a defense lawyer through Google search, Google Maps, and AI assistants such as ChatGPT. Google says AI Overviews give "key information and links to dig deeper". Build a clear county page so it can be one of those links, though no one controls which pages Google picks.
On Google Maps, Google's Business Profile help page says local results rest mainly on relevance, distance and prominence. It adds that more reviews and positive ratings can help. Start with a complete profile through Google Business Profile optimization.
One owner on r/smallbusiness called a high Google ranking "a worthwhile thing to spend marketing money on". For a defense firm, that holds only if the page answers the family's questions.
Google Ads and Local Services Ads for criminal defense and DUI
Paid search can put your number in front of a family tonight, so pay only for hours someone answers. Google Ads Help on ad scheduling describes showing ads "during business hours when you are available to handle customer inquiries". Match the schedule to your real phone coverage.
Google's Local Services Ads page lists criminal lawyer and DUI lawyer categories, and you pay for leads. Google warns that if you regularly fail to answer calls or messages, "your ad ranking may be affected". Check your own lead and click costs before you set a budget.
Narrow ads to the charges and counties you take. One owner's agency complaint shows the risk: "Once we started getting calls it was for things that we did not service". Here is how I approach Google Ads management.
Way two: a fee the family can explain
A family comparing firms weighs price and fear at the same time, and a clear structure answers the fear. ABA Model Rule 1.5(b) says the scope and the basis or rate of the fee go to the client, preferably in writing. Put the same structure on your site in plain words.
If you charge flat fees, say what is included up to trial and what changes if the case goes to trial. If some costs are billed separately, name them.
Rule 1.5(d)(2) bars a contingent fee for representing a defendant in a criminal case. So a "no fee unless we win" line does not belong on a defense page. Check your state's version of the rule.
The client is the person charged, even when a parent pays
The ABA Model Rules let a parent pay, within limits, and the person charged stays the client. Say so on the first call, and check your state's version.
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Rule 1.8(f) lets you take payment from someone other than the client only with the client's informed consent.
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The same rule requires no interference with your independent judgment or with the client-lawyer relationship.
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It also requires that information about the case stay protected under Rule 1.6.
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Rule 5.4(c) bars letting a person who pays you direct or regulate your professional judgment.
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Rule 1.6(a) bars revealing information about the case without the client's informed consent, unless it is impliedly authorized or an exception applies.
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So the client decides what the parent hears. Say that early, in words the parent can follow.
Way three: a callback the family can count on
- Record a voicemail that names the hour you will call back, and keep it current for nights and weekends.
- Call before that hour every time, and log the time you called.
- Ask first how it is safe to reach the caller and the person charged: by phone, text or email.
- Keep case details out of texts until you know who reads that phone, since a family may share one.
- Keep the first call short, and take the names of everyone involved first so you can run a conflict check.
Way four: your name at the courthouse and among defense lawyers
Other lawyers and court staff see how you handle the same judges and prosecutors each week. That can earn referrals when a family phones the one lawyer they know. Treat each court appearance as part of your marketing.
On your site, list the courts and counties you appear in, without promising outcomes. If you call yourself a certified specialist, ABA Model Rule 7.2(c) requires certification by an approved body, named in the ad.
Rule 7.2(b) also limits what you can give anyone for recommending you. The exceptions are in my law firm marketing guide's section on referral thank-yous.
Bar rules on contacting people after an arrest
Contact rules matter more in criminal defense, because the people you could reach are known to need a lawyer. Your state's version controls.
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ABA Model Rule 7.3(b) bars live person-to-person solicitation for pecuniary gain, outside narrow exceptions such as a prior relationship.
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Comment 2 to Rule 7.3 counts live phone calls. Treat a cold call to an arrested person or their family as barred.
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The same comment says texts and other written messages are not live contact.
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In Shapero v. Kentucky Bar Ass'n, the Supreme Court held states may not categorically ban truthful, nondeceptive letters to people facing a legal problem.
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States can still regulate letters. Florida Bar v. Went For It upheld a 30-day wait after accidents, an injury rule.
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Texas Rule 7.03 also bars live or interactive social media solicitation and requires an "ADVERTISEMENT" label on solicitations. Rule 7.04 requires filing most within ten days.
Replying to reviews without breaking client confidentiality
Reviews help a family choose a defense lawyer, but your replies carry confidentiality risk. ABA Formal Opinion 496 says a negative review alone does not permit disclosing client information. It suggests considering not responding at all.
If you do reply, say nothing about the case. The opinion allows inviting the person to contact you privately, or saying professional considerations preclude a response.
Write those two replies once, have a lawyer approve them, and use them every time. Here is how I approach reputation management.
Case results and Google reviews for a defense firm
Case results need the same care. Comment 3 to Rule 7.1 says truthful past results can mislead without each case's facts, and a disclaimer may help.
Opinion 496 adds that client information stays confidential even when it sits in the public record. Get the client's consent before you post a result, and check your state's disclaimer wording.
When you ask for reviews, ask every client the same way. Google's policy bars incentives and selectively soliciting positive reviews, and the FTC's rule bars incentives tied to a review's sentiment. See how to improve your Google rating.
Track clients retained before arraignment, by source
- Add a required "how did you hear about us" field to your intake log or spreadsheet, with a fixed list of answers.
- For each new matter, log the arrest date, the first-call time, the retained date and the arraignment date.
- Mark yes or no: retained before arraignment. If arraignment comes within a day in your county, use the next court date.
- Once a month, count the yes answers by source: referrals, your county pages, Google Maps, Google Ads and Local Services Ads.
- Check paid sources against the lead list in your Local Services Ads account and your call log.
- Move time and money toward what retains clients, one change at a time. These are the local SEO metrics that matter.
Help families find your defense firm on Google and in AI answers
Spearleaf's local SEO work covers what a family finds first: your Google Business Profile, your county pages, your reviews, and how AI answers describe your firm. A lawyer at your firm should still approve anything that runs.
Talk to Spearleaf about local SEO
- The wider view: law firm marketing for crisis and planned clients.
- Weigh them side by side: local SEO vs Google Ads.
- The how-to: how to make a Google review link.