13-4308. Commencement of proceedings
221 words·~1 min read·
/az/title-13/13-4308A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.