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Lance E. Bastian

Lance E. Bastian

A criminal defense attorney with experience on both sides of the courtroom.
  • Criminal Law, DUI & DWI, Domestic Violence ...
  • Utah
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Biography

Mr. Bastian is an experienced litigator who focuses his practice on trial and appellate work in criminal defense, personal injury, transportation, and healthcare law. Mr. Bastian has conducted over thirty jury trials, including aggravated murder, rape, sex crimes against children, aggravated assault, DUI and various property and drug crimes. He cares about and works hard to serve the best interests of his clients.

After graduating cum laude from the J. Reuben Clark Law School at BYU, during which he served as Chair of the Trail Advocacy Team, Mr. Bastian clerked for the Honorable Fred D. Howard in the Fourth Judicial District Court. Following his clerkship, Mr. Bastian prosecuted criminal cases as a Deputy Utah County Attorney for eight years, during several of which he served as a liaison to Utah County’s Major Crimes and Sex Crimes Task Forces. Mr. Bastian’s last three years as a prosecutor were focused almost exclusively on sexual assault and domestic violence cases, ultimately supervising the Special Victims’ Unit.

Mr. Bastian is a member of the A. Sherman Christensen Inn of Courts and was tapped as a statewide trainer of other prosecutors by the Utah Prosecution Council. He prides himself on an excellent reputation in Utah’s legal community. More importantly, he is known as the best dad in the world by four kids and two dogs.

Education
Brigham Young University J. Reuben Clark Law School
J.D. (2011) | Criminal Law and Trial Practice
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Honors: Graduated Cum Laude
Activities: Trial Advocacy Team Chair Law Clerk, Utah Attorney General's Office, Criminal Appeals Division Law Clerk, Utah County Attorney's Office
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University of South Florida
Graduate Studies in Biomechanics and Physiology
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Brigham Young University
B.S. (2004) | Zoology, Minor in Chemistry
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Professional Experience
Deputy Utah County Attorney
Utah County Attorney's Office
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I prosecuted in Utah County for eight years, handling cases from traffic citations to aggravated murder. Since leaving the County, I have represented several criminal defendants in a variety of cases, and my experience on the other side has been invaluable in working with the prosecution to secure favorable outcomes for my clients.
Judicial Law Clerk
Fourth District Court, Provo
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I clerked for the Honorable Fred D. Howard, during which I prepared memoranda and rulings, did legal research, and acted as bailiff for in-court proceedings.
Awards
Service Recognition Award
Utah County Special Victims' Task Force
Outstanding Record Recognition
Federal Bureau of Investigation
Chief's Recognition for Outstanding Service
Orem City Police Department
Service Recognition Award
Utah County Major Crimes Task Force
Professional Associations
Utah State Bar  # 13637
Member
- Current
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A. Sherman Christensen Inn of Courts
Member
- Current
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Jurisdictions Admitted to Practice
Utah
Utah State Bar
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10th Circuit
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Fees
  • Free Consultation
    Initial consultations are always free. Potential clients only pay once we have been retained to represent them, after which our rates are reasonable and competitive. We have flat fee and hourly options available, depending on the nature of the case.
  • Credit Cards Accepted
Practice Areas
    Criminal Law
    Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
    DUI & DWI
    Domestic Violence
    Domestic Violence Criminal Defense, Domestic Violence Restraining Orders, Victims Rights
    Traffic Tickets
    Suspended License
Languages
  • Portuguese: Spoken, Written
Legal Answers
Q. Is there jail time with class b misdemeanor
A: The short answer is, "yes." There is always the possibility of up to six months in jail on a class B misdemeanor. The longer answer is that it depends entirely on the circumstances. Most class B's don't result in jail sentences these days, but the nature of the charges, the surrounding circumstances, the criminal history of the person charged, the prosecutor assigned to the case, etc., all play a role in whether jail time is requested, and the judge will ultimately determine whether it is imposed.
Q. Why would a bail/bond hearing be scheduled after someone was released from jail?
A: You're correct in that a bail/bond hearing is generally to determine bail, which includes setting, lowering, raising, and revoking it. The issue here is that your husband violated the terms of his release, so the hearing is more than likely based on a motion by the prosecution to determine whether bail should be increased or revoked altogether, in which case he could be held without bail. Most courts take no-contact orders in DV cases quite seriously, and the judge might determine it's either unsafe or puts the integrity of the case in jeopardy to allow your husband to be out on bail.
Q. What is the statute of limitations for providing shelter to a runaway
A: The Utah statute of limitations for a class B misdemeanor (which is what providing shelter to a runaway is) is generally two years. I say generally because the running of the limitations period can be tolled (or paused) if and during which the accused leaves the state. It is also important to note that the statute does not begin to run when one begins to provide shelter. The time period starts when the sheltering stops. So, it would be two years from the latest date on which shelter was provided, but you would have to add to that any period of time during which it could be shown that the provider was out of the state (I.e., after one year, the provider leaves the state for three months. The total time becomes two years and three months from when the sheltering ended.). I should also note that this offense has several affirmative defenses and circumstances under which it does not apply. If you or someone you know are/is in a sheltering situation currently, you should seek legal counsel as to your best course of action.
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Websites & Blogs
Website
Nelson Naegle, PLLC
Contact & Map
Nelson Naegle, PLLC
222 South Main Street
Suite 1740
Salt Lake City, UT 84101
Telephone: (385) 292-4408