Criminal procedure is the process related to the investigation, arrest, charging, and conviction or acquittal of a criminal defendant. Much of criminal procedure is comprised of processes and rules through which the government (state, federal, or municipal) enforces substantive criminal law and through which a criminal defendant’s Constitutional and other rights are protected.

The law of criminal procedure is primarily located in the applicable state or federal rules of criminal procedure and state and federal court opinions interpreting and applying Constitutional and other legal rights.

In Alabama, criminal procedure is governed by the Alabama Rules of Criminal Procedure, state statutes, and case law, which are designed to ensure the fair and consistent administration of justice for individuals accused of crimes. These rules cover various stages of the criminal process, including investigation, arrest, charging, pretrial proceedings, trial, sentencing, and appeals. The U.S. Constitution, particularly the Fourth, Fifth, Sixth, and Fourteenth Amendments, provides the foundation for protecting defendants' rights, such as the right to due process, the right to a speedy and public trial, the right to counsel, and protection against unreasonable searches and seizures. Alabama's criminal procedure also incorporates protections against double jeopardy and self-incrimination. The interplay between state and federal law is crucial, as federal constitutional standards apply to state criminal proceedings. Alabama courts interpret and apply these rules and constitutional protections to ensure that criminal defendants receive a fair trial and that their rights are upheld throughout the criminal justice process.