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 Florida, criminal procedure encompasses the rules and methods prescribed by law for the apprehension, charging, and trial of persons accused of crimes. This includes everything from the initial investigation and arrest by law enforcement to the final adjudication in court. Florida's criminal procedure is governed by the Florida Rules of Criminal Procedure, state statutes, and case law that interpret constitutional protections such as the right to a fair trial, the right to counsel, and protections against unlawful search and seizure. These procedures are designed to ensure that both the state's interest in enforcing the law and the defendant's constitutional rights are balanced. Federal rules and constitutional rights, such as those provided by the U.S. Constitution's Fourth, Fifth, Sixth, and Fourteenth Amendments, also apply to criminal proceedings in Florida and offer additional protections to defendants, such as the right to due process and equal protection under the law.