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 North Carolina, criminal procedure is governed by a combination of state statutes, the North Carolina Rules of Criminal Procedure, and federal laws, including constitutional protections afforded to defendants. The process begins with an investigation and can lead to an arrest if law enforcement has probable cause. Following an arrest, a defendant will be charged and the case will proceed through various stages including arraignment, discovery, pre-trial motions, and potentially a trial. Throughout this process, a defendant's rights are protected by the U.S. Constitution, including 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. The Fourth Amendment protects against unreasonable searches and seizures, while the Fifth and Sixth Amendments guarantee additional procedural safeguards. North Carolina's state constitution and statutes also provide specific procedural requirements and protections. Decisions by state and federal courts interpret these laws and rights, and their opinions are binding on how criminal procedure is applied in North Carolina.