Justin Thayer, Corey Dow- City
NOTICE OF SEIZURE FOR FORFEITURE AND NOTICE OF PENDING FORFEITURE MAKING UNCONTESTED
THAYER / DOW
TEMPE CITY ATTORNEY'S OFFICE, JUDITH R. BAUMANN, #015012, MICHAEL R. NIEDERBAUMER, #031931, SARAH R. ANCHORS, #025344, 21 E. Sixth Street, Suite 201, P.O. Box 5002, Tempe, Arizona 85280, Phone: (480) 350-8227, Fax: (480) 350-8645, Attorneys for the State
IN THE MATTER OF
Six Hundred Twelve Dollars ($612.00) in U.S. Currency
TO: Justin Thayer, Corey Dow and/or Any Person Claiming an Interest in the Property Described Above
YOU ARE HEREBY GIVEN NOTICE pursuant to A.R.S. §13-4306(C) that the property described above has been seized by the State of Arizona for forfeiture pursuant to A.R.S. §13-3413 and §13-4301, et seq.
The property was seized for forfeiture by the Tempe Police Department whose address is 120 E. 5th Street, Tempe, Arizona on July 2, 2019.
YOU ARE HEREBY GIVEN NOTICE pursuant to A.R.S. §13-4307 and §13-4309 that the State of Arizona claims that the property described above is forfeited to the State of Arizona pursuant to A.R.S. §13-3413 and §13-4301, et seq. You are hereby notified that the Attorney for the State has, in his discretion, made Uncontested Forfeiture available for the property described above. If you wish to preserve any rights you may have, you must take certain steps within the time limits set forth by the statute. This forfeiture is being initiated pursuant to A.R.S. Sections 13-3413(A) and 13-4301, et sequitur.
You may file either a Petition for Remission or Mitigation of Forfeiture with the Attorney for the State or a claim with the court with copies sent to the Attorney for the State and the seizing agency. You may not file both a petition and a claim.
In summary, a Petition for Remission or Mitigation is used by persons who believe that their interest in the property is not subject to forfeiture in whole or in part. An informal procedure is permitted to determine whether the petitioner's interest will be maintained in whole or in part. A claim is filed with the court by persons who wish to have a more formal procedure and have the court determine the rights and liabilities of the parties.
There are advantages to either procedure depending upon the circumstances of the case. Choosing one procedure instead of the other may have serious consequences to you. Thus, you may need to consult a lawyer before making a decision to file either type of petition or a claim or to refrain from filing anything. If no petition or claim is timely filed, however, a forfeiture of the seized property will be the result.
Any petition must be filed to the Attorney for the State: Sarah R. Anchors, Assistant City Attorney, P. O. Box 5002, Tempe, AZ 85280
Any claim filed must be filed in court and a copy sent to the above Attorney for the State and to the seizing agency at: Tempe Police Department, Attn: Asset Forfeiture Detective/Narcotics Bureau, 120 E. 5th Street, Tempe, AZ 85281
DATED this 6th day of October, 2019. By /s/ Sarah R. Anchors Assistant City Attorney
11/15, 2019 edition Arizona Capitol Times