Arizona § 13-4308 - Commencement of proceedings

Full text of Arizona Arizona Revised Statutes § 13-4308 — Commencement of proceedings, with citation guidance and answers to common questions.

§ 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.

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.

Source: official Arizona text · Last verified 2026-08-27

Frequently Asked Questions About Arizona § 13-4308

What does Arizona Revised Statutes § 13-4308 cover?

Section 13-4308 ("Commencement of proceedings") is part of the Arizona Revised Statutes, the codified statutory law of Arizona. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Arizona § 13-4308?

A common citation format is "Arizona Revised Statutes § 13-4308" (Arizona). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Arizona law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Arizona official source linked on this page or consult a licensed Arizona attorney.

How does Arizona § 13-4308 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Arizona can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Arizona.