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 Delaware, criminal procedure is governed by a combination of state statutes, the Delaware Rules of Criminal Procedure, and federal law, including constitutional protections afforded to defendants. These procedures outline the steps from the initial investigation of a crime through to the arrest, charging, trial, and either conviction or acquittal of a defendant. The Fourth Amendment protects individuals from unreasonable searches and seizures, while the Fifth Amendment ensures the right against self-incrimination and the right to due process. The Sixth Amendment guarantees the right to a speedy trial, the right to an attorney, and the right to an impartial jury. Delaware's rules and statutes are designed to ensure that these constitutional rights are upheld throughout the criminal justice process. Additionally, state and federal court opinions interpret these laws and rights, providing precedents that guide future cases. It is important for individuals involved in the criminal justice system to understand these procedures and their rights under the law.