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What does “criminal procedure” mean and why is it important?

When a judge refers to the rules of criminal procedure, s/he is referring the rules which control how a criminal case will be handled. Rules of criminal procedure do not generally define what a violation of the law is, but rather will set out how any given criminal case will be treated as it progresses through the crminal court system. Most criminal cases will begin with an arrest. Before the police can arrest you, they must have probable cause to arrest you. Once you are arrested, you must be arraigned and informed of the charges against you. You have the right to request an attorney at arraignment. The same criminal procedure will apply for all criminal cases.

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Federal v. State Criminal Procedure

The first difference between the State and Federal Courts’ criminal procedure is that of uniformity: state court systems, laws procedure differ from state to state. Federal criminal procedure govern by uniform set of rules.

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What is an indictment?

An indictment is a formal accusation against an individual suspected of committing a crime. Indictments are generally only obtained for felony charges.

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How private are my conversations?

Some states have laws that differ from the federal approach. For example, in the State of California it is a crime to secretly record a conversation (unless all parties to the conversation consent to its recording). Law enforcement officers are entitled to record conversations under both federal and state law when certain conditions are met.

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State Felony Trials

Felonies are more serious than misdemeanors and consist of serious crimes such as murder, espionage, treason, rape, racketeering, fraud, battery or aggravated assault, and some cases of drug possession, among others

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