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STATE v. NELLOM

836 A.2d 807 (2003)

178 N.J. 192

STATE of New Jersey, Plaintiff-Respondent, v. Richard NELLOM, Defendant-Appellant.

Supreme Court of New Jersey.

Decided December 17, 2003.

Attorney(s) appearing for the Case

Daniel V. Gautieri, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

James L. McConnell, Assistant Prosecutor, argued the cause for respondent (Wayne J. Forrest, Somerset County Prosecutor, attorney).

Johanna Barba, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Peter C. Harvey, Attorney General, attorney).

Justice LONG delivered the opinion of the Court.

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...

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