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 South Carolina, criminal procedure is governed by a combination of state statutes, the South Carolina 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, and eventual trial of a defendant. The rights of defendants are safeguarded by the U.S. Constitution, particularly the Fourth Amendment against unreasonable searches and seizures, the Fifth Amendment right against self-incrimination, the Sixth Amendment which guarantees the rights to a speedy trial, to confront witnesses, and to an attorney, and the Eighth Amendment which protects against excessive bail and cruel and unusual punishment. South Carolina's criminal procedure also ensures that defendants are informed of their rights, such as the right to remain silent and the right to legal counsel. The state's rules and statutes are designed to ensure a fair and impartial process, while balancing the enforcement of criminal laws and the protection of individual rights.