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 Wyoming, criminal procedure is governed by both state statutes and the Wyoming Rules of Criminal Procedure. These rules outline the steps and processes from the initial investigation to the arrest, charging, and eventual trial of a defendant. The Wyoming Constitution, along with the United States Constitution, particularly the Fourth, Fifth, Sixth, and Fourteenth Amendments, provide protections for the rights of individuals during criminal proceedings. These constitutional rights include the right to a fair and speedy trial, the right to counsel, protection against self-incrimination, and protection against unreasonable searches and seizures. Wyoming courts interpret and apply these rules and constitutional rights to ensure that criminal proceedings are conducted fairly and that the rights of defendants are protected throughout the criminal justice process. Additionally, federal rules and court opinions may also apply, especially in cases where federal law is implicated or where constitutional issues are at stake.