Stephen Dominic Benedetto’s Answers

Stephen Dominic Benedetto

Phoenix Criminal Defense Attorney.

Contributor Level 9
  1. Am I going to jail or is there anyway I can get out of this without being ruined forever?

    Answered about 2 months ago.

    1. Stephen Dominic Benedetto
    1 lawyer answer

    If your biggest concern is avoiding jail time, you definitely should not just "hang it up." If you do not have any prior convictions there is a definite possibility that you will be able to avoid jail time. First-time offenders (even those who violate TASC) may be given opportunities to avoid jail time by pleading guilty to the offense in the pre-indictment courts (RCC and EDC). There are certainly no guarantees, but I have seen situations like this where defendants did not serve any jail...

    1 lawyer agreed with this answer

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  2. I have a DV Misdemeanor which was dismissed 2007. Will it show up on my background check?

    Answered about 5 years ago.

    1. Stephen Dominic Benedetto
    1 lawyer answer

    I have had a number of clients have the same problem you are facing right now with respect to employment issues. After reading your question, though, it sounds like your situation is far more promising and I have a few thoughts: (1) First, no attorney will ever advise you to lie on anything. Misrepresenting a material fact to an employer (or anyone else) could potentially open you up to criminal charges for fraud, which can be a felony if you profit from the misrepresentation. With that...

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  3. What to do to sue my mechanic

    Answered about 2 months ago.

    1. Stephen Dominic Benedetto
    2. Kayla Nicole Price
    2 lawyer answers

    Because you paid your mechanic about $1,000, your case is considered a "small claims" case in Maricopa County. This means that you can file a lawsuit yourself, utilizing the self-service forms, at any justice court in Maricopa County. You can find more information on how to actually file a lawsuit, as well as the locations of the justice courts, here: http://justicecourts.maricopa.gov.

    1 lawyer agreed with this answer

  4. Mesa, AZ is there a lawyer that can help? What kind of lawyer

    Answered about 2 months ago.

    1. Stephen Dominic Benedetto
    1 lawyer answer

    You will want to speak with a DUI/criminal lawyer who is familiar with impounding procedures. Typically, police departments will release a vehicle to the person it is titled to (provided they sign an affidavit agreeing not to allow the DUI-suspect to drive the vehicle) without a hearing. Every police department is a little different, however. This is not the type of representation DUI lawyers undertake on a regular basis, but any of us who handle DUIs should be able to answer your brothers...

    1 lawyer agreed with this answer

  5. I owe 1,100$ in Tempe Arizona & 800$ in Mesa Arizona in fines is there any way I can do time in jail for the fines?

    Answered about 2 months ago.

    1. Gordon E. Thompson
    2. Stephen Dominic Benedetto
    3. Zachary Nathaniel Storrs
    3 lawyer answers

    It all depends on the terms of the plea agreement you entered into with the State. Some plea agreements will have a "deferred" or "suspended" jail sentence that will never have to be served if all terms of the plea are completed -- and, failure to pay fines or restitution could result in serving that sentence. Some plea agreements will make payment of fines or restitution a term of probation, and if you violate your probation the State could file a Motion to Revoke -- which would allow the...

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  6. Being harassed by the security person every time I go into the Wal-Mart when I'm not doing anything evenwhenmykidsarewithme

    Answered about 2 months ago.

    1. Stephen Dominic Benedetto
    1 lawyer answer

    Assuming you are seeking advice about your legal options, I only see one: You can contact the police department of the city where the Wal-Mart is located (non-emergency number) and advise them what is happening. This type of conduct may constitute either criminal harassment or stalking under Arizona law. Unfortunately, this is not the type of behavior that is typically investigated by police departments: Our police departments are pretty overburdened and understaffed, and these types of...

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  7. I got put in prison for a 7 year sentence i got my jaw broke by a cop 8 years ago it never healed right it pains me today

    Answered about 2 months ago.

    1. Stephen Dominic Benedetto
    2. Christian K. Lassen II
    2 lawyer answers

    If I understand your question correctly it sounds like you might be out of luck. Arizona law requires citizens claiming that a public employee (ex., a cop) injured them to file a Notice of Claim against the police officer and/or the city he works for within 180 days of the injury occurring. Under federal law, citizens have 1 year to file a lawsuit for violation of their constitutional rights. There are occasional exceptions to these rules, such as when a violation is not known, is concealed,...

    1 lawyer agreed with this answer

  8. My husband is being charged with an extreme DUI in AZ, Can they put an interlock device on MY car?

    Answered about 5 years ago.

    1. Stephen Dominic Benedetto
    1 lawyer answer

    If your husband is convicted of any DUI charge (either "extreme," being over .08, or being "impaired to the slightest degree), he will be required to install an ignition interlock device on A car and maintain it on that vehicle for the next 12 months. His driving privileges will likewise be limited to driving a vehicle with the interlock device installed. So, there are a few ways to answer this question: (1) If your husband has his own vehicle, you can install the interlock device on that...

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  9. What do i do? HELP PLEASE

    Answered about 5 years ago.

    1. Stephen Dominic Benedetto
    1 lawyer answer

    I'm sorry that you're going through such an emotionally traumatic time of your life right now. Unfortunately there is not much legal advice to offer in response to your question: A valid court order requiring that you not contact another individual can be enforced by Arizona courts and law enforcement. If you violate it, you can be found guilty of contempt, which can have both criminal and civil consequences. If you are an unemancipated minor, your mother has the legal authority to pursue...

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  10. Arizona ( Pima County) Aggravated Assault/ DUI- We knows the case is unwinnable but whats best case scenario?

    Answered about 5 years ago.

    1. Stephen Dominic Benedetto
    1 lawyer answer

    Because your fiancee is already represented, the first (and best) source for information should be her lawyer. If he is one of the top DUI lawyers in your area, there is likely a reason for it: He almost certainly has a substantial amount of expertise and experience with these types of offenses, as well as with the particular prosecutorial agency (the Pima county Attorney's Office, I'm guessing). You have a great asset at your disposal (your lawyer's knowledge) -- so use it. Ask...

    2 people marked this answer as helpful