State v. Nellom

On this appeal, we have been asked to construe N.J.S.A. 2C:45-3c, a statute that provides for the tolling of a probationary period upon “commencement” of a revocation proceeding. The question presented is whether the issuance of an arrest warrant for a violation of .probation constitutes “commencement” for tolling purposes under the statute. We hold that the filing of an arrest warrant is one valid method to commence probation revocation proceedings and thus toll the relevant probationary period.

I

In 1995, defendant Richard Nellom entered a plea of guilty to third-degree receipt of stolen…