Arizona Laws 13-4308. Commencement of proceedings
A. The attorney for the state shall determine whether it is probable that the property is subject to forfeiture and, if so, may cause the commencement of further judicial forfeiture proceedings for which a notice of pending forfeiture has been filed and made by filing a complaint if a claim has been filed. If, on inquiry and examination, the attorney for the state determines that the proceedings probably cannot be sustained or that justice does not require the institution of such proceedings, the attorney for the state shall notify the seizing agency and immediately authorize the release of the seizure for forfeiture on the property or on any specified interest in it.
Terms Used In Arizona Laws 13-4308
- Act: means a bodily movement. See Arizona Laws 13-105
- Attorney for the state: means an attorney designated by the attorney general, by a county attorney or by a city attorney to investigate, commence and prosecute an action under this chapter. See Arizona Laws 13-4301
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Interest holder: means a person in whose favor there is a security interest or who is the beneficiary of a perfected encumbrance pertaining to an interest in property. See Arizona Laws 13-4301
- Owner: means a person who is not a secured party as defined in section 47-9102 and who has an interest in property, whether legal or equitable. See Arizona Laws 13-4301
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
- Seizing agency: means any department or agency of this state or its political subdivisions that regularly employs peace officers and that employs the peace officer who seizes property for forfeiture, or such other agency as the seizing agency may designate in a particular case by its chief executive officer or the chief executive officer's designee. See Arizona Laws 13-4301
- Seizure for forfeiture: means seizure of property by a peace officer and either:
(a) There is an assertion by the seizing agency or by an attorney for the state that the property is subject to forfeiture. See Arizona Laws 13-4301
B. The state may not proceed with further forfeiture proceedings before a criminal conviction for an offense to which forfeiture applies unless no timely claim has been filed or a conviction is waived pursuant to this chapter.
C. If the state fails to proceed with further forfeiture proceedings within sixty days following a person‘s conviction for an offense to which forfeiture applies and a claim has been filed, such property shall be released from its seizure for forfeiture to an owner or interest holder, pending further proceedings pursuant to this chapter, which shall be commenced within seven years after actual discovery of the last act giving rise to forfeiture.