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 Nebraska, criminal procedure is governed by a combination of state statutes, the Nebraska Rules of Criminal Procedure, and federal law, including constitutional protections afforded by the U.S. Constitution. The process begins with an investigation, which may 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, pre-trial motions, trial, and potentially sentencing if convicted. Throughout this process, a defendant's rights are protected by various constitutional amendments, such as the Fourth Amendment's protection against unreasonable searches and seizures, the Fifth Amendment's protection against self-incrimination, and the Sixth Amendment's guarantee of a speedy trial, the right to confront witnesses, and the right to an attorney. Nebraska's state statutes and case law further define and interpret these rights, ensuring that criminal proceedings are conducted fairly and in accordance with the law.