ARS 13-4314: Disposition by court
The complete text of A.R.S. § 13-4314 on disposition by court, 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. § 13-4314
A.R.S. § 13-4314 is the Arizona statute on disposition by court. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.
A. If no claims are timely filed, the attorney for the state shall apply to the court for an order of forfeiture and allocation of forfeited property pursuant to section 13-4315. On the state’s written application showing jurisdiction, notice and facts sufficient to demonstrate probable cause for forfeiture, the court shall order the property forfeited to the state.
B. After the court’s disposition of all claims timely filed under this chapter, the state has clear title to the forfeited property and the court shall so order. Title to the forfeited property and its proceeds is deemed to have vested in the state on the commission of the act or omission giving rise to the forfeiture under this title.
C. On order of the court forfeiting the subject property, the attorney for the state may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts, by this state and by all departments and agencies of this state and any political subdivision. The attorney for the state may not transfer title to either:
1. An officer or employee of the agency that seized the property or a person who is related to the officer or employee by blood or marriage.
2. The attorney for the state or any individual working in the same office or any person related to the authority or individual by blood or marriage.
D. On entry of judgment for a claimant or claimants in any proceeding to forfeit property under this chapter such property or interest in property shall be returned or conveyed immediately to the claimant or claimants designated by the court. The person or seizing agency that made the seizure and the attorney for the state are not personally liable to suit or judgment on account of such seizure, suit or prosecution unless the person, seizing agency or attorney for the state intended to cause injury or was grossly negligent.
E. The court may award reasonable attorney fees, expenses and damages for loss of the use of the property to any claimant who substantially prevails by an adjudication on the merits of a claim. If the court finds that reasonable cause did not exist for the seizure for forfeiture or the filing of the notice of pending forfeiture, complaint, information or indictment and that the seizing agency or attorney for the state intended to cause injury or was grossly negligent, the court shall award the claimant treble costs or damages. The court must apportion the award for treble costs or damages between the agency that made the seizure and the office of the attorney for the state.
Source: Arizona Revised Statutes § 13-4314, 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.
How § 13-4314 Affects an Arizona Case
§ 13-4314 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. § 13-4314?
A.R.S. § 13-4314 is the Arizona statute on disposition by court. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.
Where can I read the official text of § 13-4314?
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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