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 Mississippi, criminal procedure is governed by a combination of state statutes, the Mississippi Rules of Criminal Procedure, and federal law, including Constitutional protections. These procedures outline the steps from the initial investigation of a crime to the arrest, charging, trial, and potential conviction or acquittal of a defendant. The Fourth Amendment protects against unreasonable searches and seizures, while the Fifth Amendment ensures the right against self-incrimination. The Sixth Amendment guarantees the right to a speedy trial, the right to counsel, and the right to confront witnesses. Mississippi's rules also detail procedures for arraignment, pretrial motions, plea bargaining, jury selection, and sentencing. The state's appellate process allows for the review of trial court decisions to ensure the correct application of the law and protection of the defendant's rights. Attorneys play a critical role in navigating these procedures, advocating for the defendant's rights, and ensuring that the criminal justice process is conducted fairly and in accordance with the law.