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Questions Answered by Marshall Jason Ray
1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on
Q: What is a reasonable plea deal for a first time offender of 30-3-15 battery against a household member
Marshall Jason Ray
Marshall Jason Ray answered on Nov 30, 2017

Whether a plea agreement is advantageous depends on numerous factors specific to your case. A lack of criminal history is only one thing to consider, and it may not be the most important, depending on the strength of the government's case (i.e., the evidence it has to support the charge). You... Read more »

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Q: Constitutionally under the 14th ammendment can the courts take my kids away from me
Marshall Jason Ray
Marshall Jason Ray answered on Jun 29, 2016

The general short answer is yes, Courts may, under certain circumstances, order the removal of children and the termination of parental rights. To determine whether your rights were violated or whether you have any options to challenge the court action in your specific situation, you would need to... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for New Mexico on
Q: I was falsely incarcerated for 20 days and was told by the judge to file a claim what that going to be worth
Marshall Jason Ray
Marshall Jason Ray answered on Jun 26, 2016

This is the type of issue about which you should consult with a private attorney. Many attorneys offer free consultations and will help you evaluate any potential case you may have.

1 Answer | Asked in Employment Law for Texas on
Q: Can I sue for wrongful termination of employment if I signed a resignation letter?

My 62 year old husband, employed 22 years as a Maintenance/Safety Director for a large retirement complex, was told on 5/31/16 that he would have to either tender his resignation or be immediately terminated. He signed the resignation letter but is having second thoughts. He has had an excellent... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Jun 5, 2016

For this very specific situation you should consult with a private attorney in your area. There are many who will offer a free consultation. Generally speaking, signing a resignation letter does not foreclose a lawsuit. Depending on whether you were the moving party, or the wording of the letter... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for New Mexico on
Q: I have a complaint about the sheriff's department

I have a complaint about the sheriff'sdepartment illegally searching my house, twice and towing my car because I refused to file a false police report - what type of lawyer do I need? civil rights?

Marshall Jason Ray
Marshall Jason Ray answered on May 23, 2016

There are attorneys who specialize in bringing lawsuits against law enforcement officers and agencies for violations of civil rights. They may advertise as personal injury or civil rights lawyers.

1 Answer | Asked in Civil Rights and Health Care Law for Nevada on
Q: Myself and others were recently illegally detained in a mental health hospital. Can this be a pro bono case?

The staff would try to illicit emotional responses by waking us all night, misdiagnosing us, throwing out accusations of substance abuse and attempting to bring us to mental health court with no legal grounds.

Marshall Jason Ray
Marshall Jason Ray answered on May 21, 2016

Any case can be a pro bono case if you find an attorney willing to do the case for free. If you believe you have a viable lawsuit for money damages, you do not necessarily need a pro bono lawyer. Many lawyers will give free consultations, and if they assess that you have a good case they will... Read more »

2 Answers | Asked in Civil Rights and Education Law for Maryland on
Q: My grandson is a special needs child. His Civil Rights are being violated by the school he attends.

He is being bullied and the kids who are bullying him are blaming him and he is getting suspended and in trouble all the time. For instance someone threw a pen cap in the vicinity of the teacher and 2 kids said he threw it (his pens do not even have caps) so he got suspended for 3 days. This has... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on May 12, 2016

You do not necessarily need a pro bono lawyer. What you should do is reach out to an attorney in your area for a private consultation. Many attorneys give free consultations. Moreover, many attorneys take cases on a contingency fee basis, meaning that they are only paid a portion of any award or... Read more »

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1 Answer | Asked in Employment Law for Ohio on
Q: Can a previous employer tell someone why you were fired?

For example, my grandparents went into my boyfriends previous job and they told them he had stolen. He didn't want them to know his business considering he made a mistake.

Marshall Jason Ray
Marshall Jason Ray answered on May 12, 2016

Employers can and often do given negative references regarding past employees. Whether they should and whether they can be held liable for doing so are different questions. Many individuals who are harmed by a negative employer reference bring lawsuits against the former employer, alleging claims... Read more »

1 Answer | Asked in Collections and Tax Law for New Mexico on
Q: Hello, my federal tax refund was just taken to pay us dptmnt of education for a loan from dec 5,08. Is that legal in NM?

the account went into collections and was opened on dec 5, 2008. it has been over 7 years. Is that llegal for the IRS to take my taxes for this even though its been over 7 years?? They took my taxes last year as well but that was in the 7 year period. Can you please help me out. Thanks.

Marshall Jason Ray
Marshall Jason Ray answered on May 7, 2016

The following constitutes general information and not legal advice specific to your situation. The collection options available with respect to federal student loans and private student loans are different. With federal student loans, there are few ways to make outstanding debt go away. Paying... Read more »

1 Answer | Asked in Personal Injury for New Mexico on
Q: help me with a lawsuit against metro detention center for violation my rights they broke my ribs the co admtted excessi

Co admitted kneeing me ive got 9 days left to put a tort claim in and i got medical records and police report and incident report but I don't know who tip send it to state county city i need help please

Marshall Jason Ray
Marshall Jason Ray answered on May 7, 2016

You should reach out to a private attorney for a consultation so that you can be advised on what you need to do and what types of claims you may bring. Many attorneys offer free consultations.

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: Can landlords require a Social Security number for a rental application in San Diego?
Marshall Jason Ray
Marshall Jason Ray answered on May 7, 2016

You might want to consider posting this question in the California section so that you can get answers from practitioners who are familiar with the the requirements in California.

1 Answer | Asked in Family Law for New Mexico on
Q: how can we file to have our case against cyfd of new mexico moved to federal court

cyfd in new mexico is terminating parental rights appointed attorney will not do anything we have no money to hire an attorney

Marshall Jason Ray
Marshall Jason Ray answered on May 7, 2016

This is a very difficult situation. Generally, you cannot remove this type of case to federal court. In some rare instances, families or individuals facing termination of parental rights have brought federal court civil rights lawsuits, but not typically with success. It is not possible to fully... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Can I sue my employer if they fire me?

My job title is cashier, but my employer gives me the tasks of stocker. I am pregnant and have given my employer a note from my obgyn stating no heavy lifting or climbing ladders. Stocker is not what I was hired as and my employer continues to give me these tasks. I heard from management that... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on May 6, 2016

For very fact specific, personalized questions you should consult with a private attorney. Many attorneys will offer a free consultation. Generally speaking, employers have the right to make work assignments, and the employer-employee relationship is presumed to be at-will. Whether your employer... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: if i work over 40 hrs a week by ok. state law are they required to pay me overtime wages

if only 40 hrs a week are claimed and anything over isnt claimed is that illegal

Marshall Jason Ray
Marshall Jason Ray answered on May 5, 2016

You should consult with your state labor department or a local lawyer to see if you are owed wages. Federal law (which applies in all states) requires the payment of time and a half for hours worked in excess of 40 hours a week -- if the worker is covered by the Fair Labor Standards Act. It is... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for New York on
Q: can i sue being i won a supreme court case?

i want to sue for the days i sat which was 122 as well as my family and children having to sit here without me where can i find a probono lawyer i have all documantaion and have done alot of resear4ch. i was incarcerated against my constitutional rights i filed a habeas corpus writ in supreme... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on May 4, 2016

You do not need a pro bono lawyer. You need a lawyer who will take your case on a contingency fee basis. Just because a criminal case is overturned does not mean you have a viable lawsuit for constitutional violations. You should consult privately with a local attorney to discuss the specific... Read more »

1 Answer | Asked in Employment Law and Contracts on
Q: Can one party end personal service contract after other party already gave notice if still within terms of contract?

Example, either client or consultant can terminate contract with 2 weeks notice. If consultant were to provide 4 weeks notice, can client still for whatever reason choose to terminate earlier as long as min 2 weeks after consultant advised terminating in 4 weeks?

Marshall Jason Ray
Marshall Jason Ray answered on May 4, 2016

The meaning of a particular contract provisions depends in large part on the specific wording, read in conjunction with the rest of the contract. You should consult with an attorney in your area who can analyze the contract and give you personalized, private advice.

1 Answer | Asked in Medical Malpractice, Civil Rights and Personal Injury for Massachusetts on
Q: How much can you get in a police department lawsuit for not getting your medication while incarcerated?
Marshall Jason Ray
Marshall Jason Ray answered on Apr 29, 2016

You should meet with an attorney in your state to assess the strength and potential value of your specific case. Settlement or judgment values are unpredictable and are based on many factors, including the overall strength of the case and the extent of the injuries that you suffered.

1 Answer | Asked in Civil Rights and Criminal Law for Missouri on
Q: Jasper County Missouri...What to do if an inmate is refused prescribed medication for blood pressure?
Marshall Jason Ray
Marshall Jason Ray answered on Apr 28, 2016

Inmates are supposed to be permitted to follow an administrative grievance process in situations such as this one to redress the situation. If the facility in which the inmate is confined has such a grievance process, failure to follow it usually means that the inmate may not bring a lawsuit to... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: Shouldn't you get paid to dress and undress in scrubs if the work place requires them?

My workplace in New Jersey is telling us we are not allowed to leave our work stations until our total shift of 8 hours is done.

I feel that since the workplace requires us to change into scrubs, we should be allowed time to undress at the end of the day within our 8 hours of work.

Marshall Jason Ray
Marshall Jason Ray answered on Apr 28, 2016

You should consult with a local attorney or with your state labor department. Depending on the circumstances employers can be required to compensate employees for the time "donning" and "doffing" certain articles. Upon consulting privately with an attorney you will have the chance to provide... Read more »

1 Answer | Asked in Collections, Employment Law, Public Benefits and Tax Law for Missouri on
Q: I collected Unemployment in the state of Massachusetts in 2006-2007.

I was found to not be eligible for the unemployment benefits. I appealed the decision and I lost so I immediately repaid the amount I was given. During the appeals process the state charged me interested on what I owed. At the time I was appealing the decision was living in another state (MO) and... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Apr 28, 2016

You were caught in the Treasury Offset Program -- TOP. TOP has become one of the primary avenues for states to collect outstanding unemployment overpayments. Generally speaking, this program is legal, as long as the state agency using it follows the various requirements of federal law. Child... Read more »

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