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 Michigan, criminal procedure is governed by a combination of state statutes, the Michigan Court Rules, and federal laws, including constitutional protections. The process begins with an investigation and can proceed to an arrest if law enforcement has probable cause. Following an arrest, a defendant will be charged and may face a preliminary examination in the case of a felony, which determines if there is enough evidence to proceed to trial. Throughout the criminal process, defendants are afforded rights under the U.S. Constitution, such as the right to due process, the right to a speedy and public trial, the right to counsel, and protection against self-incrimination and double jeopardy. Michigan's rules and court opinions work in tandem with federal law to ensure that these rights are upheld. Additionally, the Michigan Rules of Evidence guide the admissibility of evidence in criminal proceedings. The interplay between state statutes, court rules, and constitutional mandates shapes the criminal procedure in Michigan, aiming to balance the enforcement of criminal laws with the protection of defendants' rights.