public notices

NO: 20060309UC02

NOTICE OF

PENDING FORFEITURE

MAKING UNCONTESTED

FORFEITURE AVAILABLE

IN THE MATTER OF:

1997 JEEP WRANGLER

VIN: 1J4FY19S9VP509011

AZ LIC: 539NPC;

2003 DODGE 3/4 T QUAD CAB

VIN: 1D7KU28673J578411

AZ LIC: 494SNE;

U.S. CURRENCY IN THE AMOUNT OF $1,975.00;

MOTOROLA RAZR CELL PHONE;

SAMSUNG MODEL SGH-E635 CELL PHONE;

MOTOROLA RAZR CELL PHONE;

MOTOROLA MODEL 1860 CELL PHONE

SEIZED IN COUNTER NARCOTICS ALLIANCE CASE NUMBER:

M06020806

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 in Appendix One, hereto, is forfeited to the State of Arizona pursuant to A.R.S. 13-2314(G), 13-3405, and 13-4301, et seq. The attorney for the State has chosen to make uncontested forfeiture available. The estimated value of all the seized property: $30,555.00 On February 8, 2006 the property was seized for forfeiture at NORTH MISSION ROAD AND ROADRUNNER, TUCSON, ARIZONA. Any person claiming to be an owner or interest holder in any of the defendant property must within thirty (30) days of this notice either (a) file a Petition for Remission or Mitigation with the State's attorney or (b) file a Claim with the Court. You may not file both. When referencing this case, use only the complete caption above - even if you are only petitioning/ claiming one item. Whether a claim or petition is selected, it must comply with the requirements of A.R.S. 13-4311(E) and (F). A.R.S. 13-4311 (E) and (F) provide:

E. The claim shall be signed by the claimant under penalty of perjury and shall set forth all of the following:

1. The caption of the proceeding as set forth on the notice of pending forfeiture or complaint and the name of the claimant.

2. The address at which he will accept future mailings from the court or attorney for the state.

3. The nature and extent of the claimant's interest in the property.

4. The time, transferor and circumstances of the claimant's acquisition of the interest in the property.

5. The specific provisions of this chapter relied on in asserting that it is not subject to forfeiture.

6. All facts supporting each such assertion.

7. Any additional facts supporting the claimant's claim.

8. The precise relief sought.

F. Copies of the claim shall be mailed to the seizing agency and to the attorney for the state. No extension of time for the filing of a claim may be granted.

A.R.S. 13-4309 provides that when uncontested forfeiture is made available and a Petition for Mitigation or Remission is filed with the attorney for the State, an informal procedure is permitted to determine whether the petitioner's interest will be maintained in whole or in part. The procedure usually takes less than ninety days from this notice, and allows negotiation among the parties.

Any party whose interest, or any part of it, is declared forfeited by the attorney for the State, may, within thirty (30) days after the mailing of the declaration in the informal proceeding, file a claim in court. When a claim is filed, whether initially or after the informal proceeding, the forfeiture is finally determined by the Court and not by the attorney for the State.

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. 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, forfeiture of all interest in the defendant property of any person who does not so petition or claim will result.

Any petition must be mailed to the attorney for the State:

Forfeiture Unit

Pima County Attorney

1400 Legal Services Building

32 North Stone

Tucson, Arizona 85701-1412

Any claim filed must be filed in Pima County Superior Court. The Claim must use the caption on this notice, and a copy sent to both the above attorney for the State and the seizing agency COUNTER NARCOTICS ALLIANCE at 270 South Stone Avenue, Tucson, Arizona 85701.

In some circumstances, a person claiming a lawful interest in property may file an application pursuant to A.R.S. 13-4310(B) to obtain a hearing on the provisional return of the property pending the outcome of a judicial proceeding on the forfeiture. Any application for such a hearing must comply with the requirements of A.R.S. 13-4311(E) and (F) when filed with the court. Any such application must be filed within fifteen (15) days of the notice or actual knowledge of the seizure for forfeiture.

The property was seized on February 8, 2006. If you have not previously received notice of its seizure for forfeiture, this is notice pursuant to A.R.S. 13-4306(C).

DATED this 9 day of March, 2006.

BARBARA LAWALL

PIMA COUNTY ATTORNEY

s/THOMAS J. RANKIN #64518

Deputy County Attorney

APPENDIX ONE

(A) 1997 JEEP WRANGLER

VIN: 1J4FY19S9VP509011

AZ LIC: 539NPC

(B) 2003 DODGE 3/4 T QUAD CAB

VIN: 1D7KU28673J578411

(C) U.S. CURRENCY IN THE AMOUNT OF $1,975.00

(D) MOTOROLA RAZR CELL PHONE

(E) SAMSUNG MODEL SGH-E635 CELL PHONE

(F) MOTOROLA RAZR CELL PHONE

(G) MOTOROLA MODEL 1860 CELL PHONE

Publish April 29, 2006

Tucson Citizen