Stephen Dominic Benedetto’s Answers

Stephen Dominic Benedetto

Phoenix Criminal Defense Attorney.

Contributor Level 8
  1. I have a DV Misdemeanor which was dismissed 2007. Will it show up on my background check?

    Answered over 4 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...

    3 people marked this answer as helpful

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

    Answered over 4 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...

    2 people marked this answer as helpful

  3. What do i do? HELP PLEASE

    Answered over 4 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...

    2 people marked this answer as helpful

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

    Answered over 4 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

  5. I signed a car purchase contract in arizona,but I have not take the car yet can I cancel the contract.

    Answered over 4 years ago.

    1. Stephen Dominic Benedetto
    2. Ronald Lee Burdge
    2 lawyer answers

    Unfortunately, there is no statutory right to cancel (or "rescind") a contract in Arizona. As Mr. Burdge indicated, many states do have a "cooling off" period (usually 3-days) in which a consumer can rescind a contract to buy a car. Arizona does not have such a law. That does not necessarily mean you are out of luck, however. There are several contract principles under which one can rescind any kind of action (fraud, duress, etc.). They are usually very difficult to prove, but they may...

    2 people marked this answer as helpful

  6. Can aN employer fire me then take money out of my paycheck?

    Answered over 4 years ago.

    1. Stephen Dominic Benedetto
    1 lawyer answer

    The answer to this question depends on whether you had the right to do what you did in providing the discount. Arizona law allows an employer to withhold amounts from a paycheck about which there is a "reasonable good faith dispute" or "any claim of debt, reimbursement, recoupment or set-off asserted by the employer against the employee." In other words, could the employer take you to court and sue you to get this money back? If the answer is yes, then they are entitled to withhold...

    2 people marked this answer as helpful

  7. What is the expected jail term/fines for a conviction of 13.3019A2 in the state of arizona

    Answered over 3 years ago.

    1. Stephen Dominic Benedetto
    2. Cary L Lackey
    3. Paul E Knost
    3 lawyer answers

    Violation of A.R.S. 13-3019(A)(2), surreptitious recording, is a class 5 felony. The range of sentencing depends on a lot of things. If the person does not have prior felony convictions, the result can vary extremely widely. If the person has good representation and good facts (i.e., his conduct was not so awful that a prosecutor will want to fry him), he could get a sentence as lenient as probation with no jail time and minimal fines. On the flip-side, if the facts are poor and the person...

  8. I received a DUI in Arizona but hold CA license. Is my CA license suspended in California?

    Answered over 3 years ago.

    1. Howard A Snader
    2. Stephen Dominic Benedetto
    3. Larry D Lamson
    4. Andrew Stephen Roberts
    4 lawyer answers

    I am licensed in both Arizona and California. Even with that background, though, it's difficult to answer this question without more information. Still, if your privilege to drive has been suspended in Arizona, it is highly likely that California will suspend your license. Generally, the suspension is not automatic -- Motor Vehicles sends you something in the mail advising you of the suspension, and if you have not received that yet it is possible that your license is still valid. However,...

  9. My driver licence is suspended in San Diego because I did not pay some speeding tickets. can I still get a DL in Arizona?

    Answered over 3 years ago.

    1. Stephen Dominic Benedetto
    2. Kevin Francis Guyette
    3. Brandan Joseph Davies Esq.
    3 lawyer answers

    If this had happened 10 or 15 years ago, the answer probably would have been yes. Now, though, most states' motor vehicles departments share information with each other through an organization called the American Association of Motor Vehicle Administration (AAMVA). The AAMVA has a "Driver's License Compact" under which all member states share information about an individual's driver's license. While there are a handful of states that do not participate, both California and Arizona currently...

  10. Is it possible to transfer my 20 days community service probation fromSan Diego to Phoenix AZ?

    Answered over 3 years ago.

    1. Paul E Knost
    2. Stephen Dominic Benedetto
    2 lawyer answers

    Arizona and California do have an "interstate compact" that allows probationers in one state to complete probation in another state. Generally, this refers to "supervised" probation, in which you have a probation officer. Do you have a probation officer assigned to you that you need to answer to? If not, then you are probably on unsupervised probation with a community service requirement as a condition to terminating probation. In your case, I would recommend that you follow my...