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 Dakota, criminal procedure is governed by a combination of state statutes, the South Dakota Rules of Criminal Procedure, and federal law, including constitutional protections. These procedures outline the steps from the initial investigation of a crime through the arrest, charging, and trial of a defendant, up to conviction or acquittal. 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. South Dakota's rules and statutes provide specific procedures for arraignment, pretrial motions, plea bargaining, jury selection, and sentencing. These laws are designed to ensure that the criminal justice process is fair and that the rights of defendants are protected throughout the legal process.