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 Georgia, criminal procedure is governed by a combination of state statutes, the Georgia Code of Criminal Procedure, and federal laws, including the rules and rights established by the U.S. Constitution. The process begins with an investigation and can proceed to an arrest, whereupon the defendant is informed of their charges. Following the arrest, the defendant goes through initial appearances, preliminary hearings, and may have the opportunity for bail. The process ensures the protection of the defendant's constitutional rights, such as the right to a fair trial, the right to counsel, and protection against self-incrimination and unreasonable searches and seizures. Georgia's criminal procedure also includes the arraignment, plea negotiations, trials, and sentencing if convicted. Appeals can be made to challenge procedural errors or violations of rights. The federal rules and constitutional protections apply to all states, including Georgia, and ensure a standardized framework for criminal proceedings, while state-specific rules tailor the process to the needs and legal principles of the state.