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 Virginia, criminal procedure is governed by a combination of state statutes, the Virginia 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 suspect. They ensure that the rights of the accused are protected throughout the criminal justice process, including the right to a fair trial, the right to counsel, and protection against self-incrimination and unreasonable searches and seizures. The Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution play a crucial role in criminal procedure, providing the foundation for many of the rights and protections that apply to defendants. Virginia's criminal procedure also includes provisions for bail, preliminary hearings, arraignments, plea bargaining, trials, and the appeals process. These procedures are designed to balance the enforcement of criminal laws with the fundamental rights of individuals accused of crimes.