Arizona Asset Forfeiture Law

Under Arizona's asset forfeiture law, law enforcement is allowed to seize assets they have probable cause to believe were used in the furtherance of certain crimes. The burden then shifts to the owner of the property to essentially prove the property's innocence. Assets can include vehicles, money, houses, and just about any other asset that can be used to further a crime. As can be seen, an innocent owner, who lends property to another, who then uses the property to further a crime, is subject to having their property forfeited to law enforcement. An owner of the property who had no knowledge that the property was being used to further a criminal venture can reclaim the property if he can show: (a) He acquired the interest before or during the conduct giving rise to forfeiture; (b) he did not empower any person whose act or omission gives rise to forfeiture with legal or equitable power to convey the interest, as to a bona fide purchaser for value, and he was not married to any such person or if married to such person, held the property as separate property; and (c) he did not know and could not reasonably have known of the act or omission or that it was likely to occur.

A subsequent purchaser of the tainted property can reclaim seized property if he can show: (a) He acquired the interest after the conduct giving rise to forfeiture; (b) he is a bona fide purchaser for value not knowingly taking part in an illegal transaction; and (c) he was at the time of purchase and at all times after the purchase and before the filing of a racketeering lien notice or the provision of notice of pending forfeiture or the filing and notice of a civil or criminal proceeding, reasonably without notice of the act or omission giving rise to forfeiture and reasonably without cause to believe that the property was subject to forfeiture. If unsuccessful in an action to reclaim property, the court can order the claimant to pay the prosecution attorney fees and costs of the action. Unfortunately, Arizona's forfeiture laws can lead to unintended results and subject innocent owners to hefty costs and legal fees in order to reclaim their property. Further information concerning Arizona criminal law can be found at my website www.win-law.com.