Shari M Gianarelli’s Answers

Shari M Gianarelli

Conrad Criminal Defense Attorney.

Contributor Level 7
  1. Is it worth, how important is it, hiring a local DUI attorney that might know the judge and prosecuting attorney?

    Answered 2 months ago.

    1. Shari M Gianarelli
    2. Timothy N. Baldwin
    3. J. Denise Carter
    4. Alan James Brinkmeier
    5. Andre Robert Belanger
    5 lawyer answers

    DUI laws in Montana are fairly specific as to possible penalties and what evidence is required to establish impaired driving or per se DUI offenses. If the attorney you like and know handles DUIs regularly, you will be fine staying with that person. Otherwise, I would hire an attorney who regularly handles DUI matters. Your BAC which you are reporting is at a level that may provide a defense to the charge or at least an opportunity for a lesser offense. The most important thing is that your...

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  2. My daughter was arrested for felony aggravated assault in a domestic violence she has 2 arrests for driving w suspended license

    Answered about 1 month ago.

    1. Shari M Gianarelli
    2. Jennifer L. Ellis
    2 lawyer answers

    I agree with the prior answer. In Montana, a Judge must listen to the opinion of a child over age 14. Your son could apply for emancipation under these circumstances if she tries to report him as a runaway, but realistically, she can't do that, or she will be arrested. If you are aware of her whereabouts, you should let the police know or you can be accused of aiding and abetting her as a fugitive since there is a warrant out for her arrest.

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  3. Is premarital student loan debt, already in repayment at time of marriage, considered a joint debt to be split?

    Answered 5 months ago.

    1. Shari M Gianarelli
    2. Solomon Neuhardt
    2 lawyer answers

    Division of marital assets and debts was already complicated in Montana, however recently it has been made more complicated by the Courts. In Montana, everything, all debts, all assets, where ever and whenever acquired or incurred are considered the "marital estate." However, you are free to argue that equity or fairness requires that you not be required to pay or share in her premarital debt or that she not receive your inherited or premarital assets. In Montana, equitable division of debts...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Am I able to get a Deferred Sentence on a Partner Family Member Assault?

    Answered 16 days ago.

    1. Shari M Gianarelli
    2. Jeff Krigel
    3. Martin W. Judnich
    3 lawyer answers

    In Montana, you are entitled to a court appointed attorney because you are likely facing jail time.

    1 lawyer agreed with this answer

  5. Can a step parent adopt a child that the father is unknown and there is no father on the birth certificate?

    Answered about 1 month ago.

    1. Shari M Gianarelli
    2. Irene Arfaras Steffas
    2 lawyer answers

    The best way to go about it is to hire an attorney who practices in adoption. There are a number of attorneys in the area, including our firm, who have handled step-parent adoptions. There are legal processes for the situation you describe and ways to ensure that the adoption is final and legal. If you would like to discuss the process and potential cost, you can contact our office at (406) 278-3200.

    1 lawyer agreed with this answer

  6. Will i Be fined for 9 separate misdemeanor tickets or will they all be compiled into one charge?

    Answered 5 months ago.

    1. Shari M Gianarelli
    2. Martin W. Judnich
    3. Valerie Semmes Bouffiou
    3 lawyer answers

    If you have already received 9 misdemeanor tickets from the officer, you have been charged with 9 separate offenses. However, should you plead not guilty to all of the charges, (which I always recommend people do until they and their attorney review the charging documents and the evidence), the prosecutor does have the ability to amend the charges or dismiss various charges up and until the time of trial. If convicted of any of the charges, unless you have reached a plea agreement with the...

    1 lawyer agreed with this answer

  7. How do I add officer to an S corp in Montana?

    Answered 5 months ago.

    1. Shari M Gianarelli
    1 lawyer answer

    A corporation generally has Articles of Incorporation and Bylaws which advise when elections of officers are held. If you hold an annual meeting for your corporation you can elect him at that time. You can also hold a special meeting to add him, so long as you give other shareholders (if any) "notice" as required in the Bylaws or Articles. You should be holding meetings and preparing minutes of your annual meetings, to ensure that your corporation is complying with it's own Bylaws and...

    1 person marked this answer as helpful

  8. Can my text messages be used in court for custody purposes?

    Answered 5 months ago.

    1. Shari M Gianarelli
    2. Stephen Ross Cohen
    2 lawyer answers

    Text messages, emails, Facebook, Twitter and other electronic communications are routinely used in family law cases to demonstrate a party's inability to be civil, domestic violence and other pertinent facts in a case. There is no requirement that you warn the individual when the communication is written because the person sending the written message certainly knows it is "recorded." I would not transfer the messages to any other form until I consulted with an attorney. The only issue you...

    1 person marked this answer as helpful

  9. Can my wife override the dates I have requested to exercise my two weeks of uninterrupted extended summer time with the children

    Answered 1 day ago.

    1. Shari M Gianarelli
    1 lawyer answer

    Unfortunately, there is no good answer to this question. Are there notice requirements in your parenting plan that say you will notify the other of your uninterrupted two week parenting time in the Summer. I don't think the Holiday Schedule language applies to Summer, however it will still take precedence over the regular schedule because it is specific time and specific terms take precedence over general terms in the law. Here's your real problem: So you go to pick up the kids on August...

  10. In the State of Montana what are the penalties for child discipline if considered excessive?

    Answered about 1 month ago.

    1. Shari M Gianarelli
    1 lawyer answer

    If CPS has stepped in, then you should have a court-appointed lawyer. These are good questions for him or her. What constitutes excessive disclpline or abuse or neglect is dependent upon each circumstance. However make sure you understand fully what CPS is claiming against you. Your child running away is another reason for CPS to get involved because they have jurisdiction over children who are in danger due to their circumstances (homeless or runaways). Also, if CPS takes custody of your...