Charlotte, NC asked in Uncategorized for North Carolina

Q: What was the legal issues inthe case klopfer v NC

Related Topics:
1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
  • Cary, NC
  • Licensed in North Carolina

A: If this is a homework assignment, you need to do your homework. Here is a link to the case:

Read it to find out what the issues are.

However, here is what the case seems to be about: By indefinitely postponing prosecution on the indictment over petitioner's objection and without stated justification, the State denied petitioner the right to a speedy trial guaranteed to him by the Sixth and Fourteenth Amendments of the Federal Constitution.

Translated into English from the legalese, it means a prosecutor cannot dismiss criminal charges against a defendant and have the possibility of prosecution hanging over the defendant's head indefinitely. The US Constitution, Amendment 6, guarantees anyone charged with a crime the right to a speedy trial (unless you are deemed an enemy combatant and taken to Guantanomo). The 6th Amendment has to be followed by the states as per the 14th Amendment to the US Constitution.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.