SUBJECT:
Title
Request Consideration of Reduction and/or Release of Civil Restitution Lien for Heather Ann Carter
Body
INITIATOR: DEPARTMENT:
Matthew G. Minter, County Attorney County Attorney
DESCRIPTION/BACKGROUND:
On January 20, 2025, the County Attorney’s Office received a request from Heather Ann Carter, requesting a Release/Reduction of their Civil Restitution Lien from Case No. 2013-CT-3495, recorded at OR Book 5920, Page 224 on August 28, 2013 and OR Book 6029, Page 1807 on April 21, 2014. Ms. Carter is requesting a reduction of the Civil Restitution Liens totaling $7,194.95, with $4,450.00 remaining in judgments and $2,744.95 in interest.
On May 4, 2013, Ms. Carter was arrested for Driving Under the Influence Second Offense (First Degree Misdemeanor) in Case No. 2013-CT-3495. On July 22, 2013, she was adjudicated guilty of the amended charge of Reckless Driving Involving Controlled Substance and sentenced to one (1) day in jail, and 12 months probation. The Court imposed a Judgment of Cost of incarceration of $50.00 (sentence 1-day x $50 per day). She served one (1) day in the Marion County jail and was not an Inmate Worker. She has paid all other court costs and fines in this case.
On January 16, 2014, she was arrested for Driving Under the Influence with Property Damage Second Offense and posted bail. Subsequently, Ms. Carter was arrested on March 3, 2014 for Driving Under the Influence Third Offense as well as Violation of Probation for Reckless Driving Involving Controlled Substance in Case No. 2013-CT-3495.
On March 14, 2014, she was adjudicated guilty and sentenced to 90 days in jail, with credit for 15 days time served. The Court imposed a Judgment of Cost of incarceration of $4,500.00 (sentence 90 days x $50 per day). She served 75 days, of which she was an Inmate Worker for 62 days. She has paid one $50.00 payment towards this lien. She has paid all other court costs and fines in this case.
For this case, Ms. Carter was sentenced to a total of 91 days. She served 76 days in jail, of which she served 62 days as an inmate worker. Therefore, she was in jail for 14 days where she was not an inmate worker.
Note: Ms. Carter filed a Notice of Homestead regarding these liens on July 20, 2018, recorded in OR Book 6802, pgs. 435-437 and October 17, 2023, recorded in OR Book 8170, pgs. 102-103.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Motion to approve or deny Heather Ann Carter’s request for a Reduction and/or Release of the Civil Restitution Liens recorded at: recorded at OR Book 5920, Page 224 on August 28, 2013 and OR Book 6029, Page 1807 on April 21, 2014; in Case No.: 2013-CT-3495.
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