Question

If the defendant is in New York when it accrues but leaves afterward, does the defendant have to remain out for at least four months in order for his absence to be a toll?

Answer 1

The police practice of interrogating individuals without notifying them of their right to counsel and protection against self-incrimination violates the Fifth Amendment.

Step-by-step explanation:

Yes, the police practice of interrogating individuals without notifying them of their right to counsel and their protection against self-incrimination violates the Fifth Amendment. The Fifth Amendment of the United States Constitution guarantees individuals the right to remain silent and the right to legal representation. When a defendant is not informed of these rights during interrogation, any statements or admissions made may not be considered voluntary or admissible in court.