A.R.S. §13-4301 to A.R.S. §13-4315 involves a seizure of property by the State, that the property is subject to forfeiture. In general, the Court can attempt to seize any property which is the instrumentality of a crime, or related to the instrumentality of crimes along with assets which were purchased with proceeds from an instrumentality of a crime.

A.R.S. §13-4305 allows seizure assets by process issued pursuant to the Rules of Civil Procedure or by way of search warrant; during the execution of criminal search warrants; or seizure without Court process if the seizure of property is incident to an arrest, or the property subject to seizure for forfeiture has been the subject of a prior judgment in favor of the State or any other State or the Federal Government in a forfeiture proceeding; or the Police Officer has probable cause to believe that the property is subject to forfeiture.

State is bound under A.R.S. §13-4207 to give a "Notice of Pending Forfeiture" to begin a "Commencement of Proceedings" under A.R.S. §13-4308 within 60 days after the property was seized; otherwise the property is to be released to the owner upon request.

A.R.S. §13-4310, "Judicial Forfeiture Proceedings" can begin with the State asking for a Restraining Order or Injunction preventing the owner from disposing of the property. If the property was seized for forfeiture without a prior judicial determination of probable cause, then a Hearing can be scheduled upon application filed by the owner within 15 days after the Notice for Seizure for Forfeiture or actual knowledge of it (whichever is earlier). Notice of the Hearing must be served upon the Attorney for the State at least 5 working days before the Hearing is held.

Possible Defenses
A.R.S. §13-4304 entitles defense to Forfeiture where the owner had no knowledge of its use in a criminal enterprise, like a vehicle. However, conviction for a criminal proceeding can preclude this person from subsequently denying the essential allegations of the criminal offense in any forfeiture proceeding.