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 Nevada, criminal procedure is governed by a combination of state statutes, the Nevada Rules of Criminal Procedure, and federal law, including constitutional protections afforded to defendants. 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 the case may go to trial, where the defendant can be convicted or acquitted. 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, among others. Nevada's criminal procedure also ensures that evidence obtained in violation of a defendant's constitutional rights, such as through an unlawful search and seizure, is not admissible in court. These procedures are designed to balance the state's interest in enforcing criminal laws with the protection of individual rights.