ARS 13-4132: Discharge of prisoner held on process
The complete text of A.R.S. § 13-4132 on discharge of prisoner held on process, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.
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Full Text of A.R.S. § 13-4132
A.R.S. § 13-4132 is the Arizona statute on discharge of prisoner held on process. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.
If it appears, on the return of the writ, that the prisoner is in custody by virtue of process from any court of this state, or judge or officer thereof, the prisoner shall be discharged in any one of the following cases subject to the restrictions of section 13-4131:
1. When the jurisdiction of the court or officer has been exceeded.
2. When the imprisonment was at first lawful, but by some act, omission or event, which has taken place afterward, the party has become entitled to be discharged.
3. When the process is defective in some matter of substance required by law rendering the process void.
4. When the process, though proper in form, has been issued in a proceeding not authorized by law.
5. When the person having custody of the prisoner is not the person authorized by law to detain him.
6. Where the process is not authorized by a judgment, order or decree of any court, nor by any provision of law.
7. Where a party has been committed on a criminal charge without reasonable or probable cause.
Source: Arizona Revised Statutes § 13-4132, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Related Statutes in Chapter 38 — Miscellaneous
- A.R.S. § 13-4145 — Disobedience of command of writ
- A.R.S. § 13-4147 — Avoidance of command of writ
- A.R.S. § 13-4006 — Unlawful foreign law enforcement activity
- A.R.S. § 13-3981 — Compromise of misdemeanors and petty offenses
- A.R.S. § 13-4295.01 — Illegal entry from foreign nation
- A.R.S. § 13-4295.02 — Refusal to comply with order to return to a foreign nation
- A.R.S. § 13-3924 — Unlawful procurement of search warrant without probable cause
- A.R.S. § 13-3903 — Notice to appear and complaint
How § 13-4132 Affects an Arizona Case
§ 13-4132 usually matters because of how it interacts with the charge someone is actually facing. We read it alongside the charging statute, because a definition or a procedural rule frequently decides what the State must prove, what a judge may impose, or what relief is available afterward.
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Frequently Asked Questions
What is A.R.S. § 13-4132?
A.R.S. § 13-4132 is the Arizona statute on discharge of prisoner held on process. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.
Where can I read the official text of § 13-4132?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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