Questions Answered by Marshall Jason Ray

Q: What is a reasonable plea deal for a first time offender of 30-3-15 battery against a household member

1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on
Answered on Nov 30, 2017
Marshall Jason Ray's answer
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 should discuss these issues with your lawyer.

Q: Constitutionally under the 14th ammendment can the courts take my kids away from me

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Answered on Jun 29, 2016
Marshall Jason Ray's answer
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 sit down to discuss your case in detail and in private with a local attorney.

Q: I was falsely incarcerated for 20 days and was told by the judge to file a claim what that going to be worth

1 Answer | Asked in Civil Rights and Criminal Law for New Mexico on
Answered on Jun 26, 2016
Marshall Jason Ray's answer
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.

Q: Can I sue for wrongful termination of employment if I signed a resignation letter?

1 Answer | Asked in Employment Law for Texas on
Answered on Jun 5, 2016
Marshall Jason Ray's answer
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 (i.e., whether it was a release), it might be very hard to overcome. Again, you should sit with an attorney in private to go over all of the details of your proposed case.

Q: I have a complaint about the sheriff's department

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for New Mexico on
Answered on May 23, 2016
Marshall Jason Ray's answer
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.

Q: Myself and others were recently illegally detained in a mental health hospital. Can this be a pro bono case?

1 Answer | Asked in Civil Rights and Health Care Law for Nevada on
Answered on May 21, 2016
Marshall Jason Ray's answer
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 represent you for a contingency fee (meaning they receive a percentage of any judgment or settlement, but get nothing if you get nothing).

Q: My grandson is a special needs child. His Civil Rights are being violated by the school he attends.

2 Answers | Asked in Civil Rights and Education Law for Maryland on
Answered on May 12, 2016
Marshall Jason Ray's answer
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 settlement that is obtained, and do not charge up front. A local attorney will be able to evaluate your specific situation and advise you whether you have an actionable case.

Q: Can a previous employer tell someone why you were fired?

1 Answer | Asked in Employment Law for Ohio on
Answered on May 12, 2016
Marshall Jason Ray's answer
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 such as defamation, libel, and tortious interference with contract, among other things. Sometimes these are successful, depending on the facts. Often, but not always, truth is a defense. Sometimes...

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?

1 Answer | Asked in Collections and Tax Law for New Mexico on
Answered on May 7, 2016
Marshall Jason Ray's answer
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 it off is the main one. There is no statute of limitations on federal student loan debt. In other words, it is not a viable plan to attempt to wait out and allow student loan debt to expire, or for a...

Q: help me with a lawsuit against metro detention center for violation my rights they broke my ribs the co admtted excessi

1 Answer | Asked in Personal Injury for New Mexico on
Answered on May 7, 2016
Marshall Jason Ray's answer
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.

Q: Can landlords require a Social Security number for a rental application in San Diego?

1 Answer | Asked in Landlord - Tenant for New Mexico on
Answered on May 7, 2016
Marshall Jason Ray's answer
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.

Q: how can we file to have our case against cyfd of new mexico moved to federal court

1 Answer | Asked in Family Law for New Mexico on
Answered on May 7, 2016
Marshall Jason Ray's answer
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 advise your of your options without a better understanding of your facts. The information provided in this answer is merely general information, not legal advice specific to your case.

Q: Can I sue my employer if they fire me?

1 Answer | Asked in Employment Law for Florida on
Answered on May 6, 2016
Marshall Jason Ray's answer
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 has acted or is about to act illegally depends on many factors which can be discussed in a private consultation.

Q: if i work over 40 hrs a week by ok. state law are they required to pay me overtime wages

1 Answer | Asked in Employment Law for Oklahoma on
Answered on May 5, 2016
Marshall Jason Ray's answer
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 not possible to answer your question without knowing more about what type of position is being discussed. Your state labor department will be able to help you understand both the federal and the state...

Q: can i sue being i won a supreme court case?

1 Answer | Asked in Civil Rights and Criminal Law for New York on
Answered on May 4, 2016
Marshall Jason Ray's answer
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 facts in order to determine whether you have a case.

Q: Can one party end personal service contract after other party already gave notice if still within terms of contract?

1 Answer | Asked in Employment Law and Contracts on
Answered on May 4, 2016
Marshall Jason Ray's answer
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.

Q: How much can you get in a police department lawsuit for not getting your medication while incarcerated?

1 Answer | Asked in Medical Malpractice, Civil Rights and Personal Injury for Massachusetts on
Answered on Apr 29, 2016
Marshall Jason Ray's answer
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.

Q: Jasper County Missouri...What to do if an inmate is refused prescribed medication for blood pressure?

1 Answer | Asked in Civil Rights and Criminal Law for Missouri on
Answered on Apr 28, 2016
Marshall Jason Ray's answer
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 challenge the conditions of confinement.

Q: Shouldn't you get paid to dress and undress in scrubs if the work place requires them?

1 Answer | Asked in Employment Law for New Jersey on
Answered on Apr 28, 2016
Marshall Jason Ray's answer
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 sufficient details regarding whether you should be paid for that time.

Q: I collected Unemployment in the state of Massachusetts in 2006-2007.

1 Answer | Asked in Collections, Employment Law, Public Benefits and Tax Law for Missouri on
Answered on Apr 28, 2016
Marshall Jason Ray's answer
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 support arrears are swept from tax refunds through TOP as well. Challenging a TOP sweep is very difficult to do because it typically only happens if the debt is established, final, and past the...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.