Shari M Gianarelli’s Answers

Shari M Gianarelli

Conrad Criminal Defense Attorney.

Contributor Level 8
  1. Is it worth, how important is it, hiring a local DUI attorney that might know the judge and prosecuting attorney?

    Answered 7 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. Spouse with mental illness charged with domestic assault, currently in jail, how can we push for mental health instead of jail?

    Answered 5 days ago.

    1. Shari M Gianarelli
    2. Tony Anthony
    3. Dennis James Dressler
    3 lawyer answers

    The first thing you need to do is ensure your spouse has competent counsel to defend him. There are many ways this matter can be addressed. Some prosecutors will enter into agreements to sentence a party in a way that requires him to obtain mental counseling and take his medications. His condition may also be a mitigating factor in the commission of the crime or the sentencing. Please consult an attorney. We represent individuals in the Kalispell area. Feel free to give us a call.

    3 lawyers agreed with this answer

  3. My friend fired his public defender after his criminal trial , before sentencing because they did nothing for him

    Answered 17 days ago.

    1. Shari M Gianarelli
    2. Michael Lawrence Doyle
    3. John Joseph Brosnan
    4. Joshua Sachs
    5. Jay Scott Finnecy
    5 lawyer answers

    You do not present enough facts regarding the circumstances of your friend's conviction, however in Montana you have the right to advise the Judge that you no longer wish to be represented by your attorney. The Judge will ask a list of questions about the reason for your decision. Then, the Judge will determine whether you or your friend in this case can go forward without the attorney. Montana courts generally require the attorney to remain present to make any legal arguments which your...

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  4. How do I name someone as guardian of my 13 yr old son when his biological mother lost her parental rights?

    Answered 17 days ago.

    1. Shari M Gianarelli
    2. Tony Anthony
    2 lawyer answers

    In Montana, you are entitled, as suggested above, to identify or name guardians in your Last Will and Testament. Alternatively, you can go to a Court and have a Guardian and Conservator for your son appointed. You should hire an attorney to determine if the birth mother is entitled to notice of the proceeding for guardianship. You also should get a divorce so that your ex has no rights to anything you have accumulated. Otherwise, if you die without a will, she will be entitled to anything...

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

    Answered 6 months 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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  6. If my license plate is in plane sight but the cop told me he couldn't see it and that's why I was pulled over I'm i right?

    Answered 11 days ago.

    1. Russell Allen Hart
    2. Shari M Gianarelli
    3. John Joseph Brosnan
    4. Robert Jason De Groot
    4 lawyer answers

    Your question leaves me with questions of my own. If the officer used the license plate's location as a reason to pull you over, say at 1a.m. on a Friday night, and you were then charged with DUI, you may have a good argument that the stop was "pretextual" in other words, the cop used the license plate as an excuse to pull you over but it wasn't the real reason for the stop. Cops have to have a reason to pull you over and especially to investigate for alcohol use that they can articulate....

    2 lawyers agreed with this answer

  7. Does Montana allow for expungement?

    Answered 11 days ago.

    1. Russell Allen Hart
    2. Timothy K. Wenz
    3. Shari M Gianarelli
    3 lawyer answers

    There is no formal procedure in Montana to have your record expunged that I am aware of. However, some Courts will issue orders that expunge your specific charge based upon special circumstances. I am unaware of the State of Montana which maintains your criminal record ever being willing to actually delete the charge from your record.

    2 lawyers agreed with this answer

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

    Answered 9 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

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  9. Will incorrect personal information on a ticket be grounds to get it dismissed?

    Answered 7 days ago.

    1. Shari M Gianarelli
    2. Martin W. Judnich
    2 lawyer answers

    I presume that the ticket someone or you received incorrectly identifies the person ticketed. I don't know what personal information you are alluding to. However, unless the ticket does not name you as the person committing the crime then it's possible. However, it is a matter that needs to be brought up at the initial appearance. The prosecuting attorney can dismiss the ticket without prejudice and then correct the information which is incorrect and you could possibly simply be recharged....

    1 lawyer agreed with this answer

  10. Am I going to jail or will my deferred felony sentence be revoked?

    Answered 7 days ago.

    1. Shari M Gianarelli
    2. Martin W. Judnich
    2 lawyer answers

    This is a difficult question to answer. Corporations make decisions about pursuing employees for embezzlement or theft based on a number of factors I cannot predict. If they fired you, that may be enough. If they do report it to the police, you will be facing, likely, a misdemeanor theft and hopefully not another felony charge due to the amount and presuming it was once and not several independent thefts. If you are charged with a criminal act, then it is up to the prosecuting attorney...

    1 lawyer agreed with this answer