Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-4504 (2026)

Dismissal of misdemeanor charges; notice

✓ current as of May 2026
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A. Notwithstanding any law to the contrary, if the court finds that a person has been previously adjudicated incompetent to stand trial pursuant to this chapter, the court may hold a hearing to dismiss any misdemeanor charge against the incompetent person. The court shall give ten days' notice to the prosecutor and the defendant of this hearing. On receipt of the notice, the prosecutor shall notify the victim of the hearing.

B. If a misdemeanor charge is dismissed pursuant to this section, the court may order the prosecutor to initiate civil commitment or guardianship proceedings.  

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2023–2023 · leading case: Patricia Adams v. Hon. Brenden Griffin City Prosecutor's Off., 540 P.3d 1221 (Ariz. Ct. App. 2023).
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Patricia Adams v. Hon. Brenden Griffin City Prosecutor's Off., 540 P.3d 1221 (Ariz. Ct. App. 2023). · cites it 31× “The parties dispute the meaning and effect of A.R.S. § 13-4504, specifically whether the city court properly dismissed the charges under that provision or should have transferred the matter to the superior court for a competency evaluation.”
In the Matter of D. Tsosie (Ariz. Ct. App. 2023). · cites it 2× “¶3 Because Tsosie had been arrested many times and deemed not restorable, the City of Flagstaff Prosecutor initiated a guardianship action under A.R.S. § 13-4504(B) in May 2022. The Prosecutor requested that the Public Fiduciary be named guardian for Tsosie since no other person…”
— Ariz. Rev. Stat. § 13-4504(A) — 1 case
Patricia Adams v. Hon. Brenden Griffin City Prosecutor's Off., 540 P.3d 1221 (Ariz. Ct. App. 2023). “The parties dispute the meaning and effect of A.R.S. § 13-4504, specifically whether the city court properly dismissed the charges under that provision or should have transferred the matter to the superior court for a competency evaluation.”
— Ariz. Rev. Stat. § 13-4504(B) — 2 cases
Patricia Adams v. Hon. Brenden Griffin City Prosecutor's Off., 540 P.3d 1221 (Ariz. Ct. App. 2023). “The parties dispute the meaning and effect of A.R.S. § 13-4504, specifically whether the city court properly dismissed the charges under that provision or should have transferred the matter to the superior court for a competency evaluation.”
In the Matter of D. Tsosie (Ariz. Ct. App. 2023). “¶3 Because Tsosie had been arrested many times and deemed not restorable, the City of Flagstaff Prosecutor initiated a guardianship action under A.R.S. § 13-4504(B) in May 2022. The Prosecutor requested that the Public Fiduciary be named guardian for Tsosie since no other person…”
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