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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. I am 14 and my partner is 17 will there be any legal trouble when they turn 18
A: Assuming I'm understanding correctly with your relative ages, that you will turn 15 in October and your partner will turn 18 in November, the answer is yes. Right now, until you turn 15, consensual sexual activity between you and your partner would be considered unlawful adolescent sexual activity, which would be a class B misdemeanor for your partner. Most consensual sexual contact after your partner turns 18 and until you turn 16 would then constitute unlawful sexual activity with a minor, which under the circumstances, would also be a class B misdemeanor for your partner. Once you turn 16, sexual contact would not be a violation of the law. And to be clear, this is all relative to Utah law. If you were to travel outside of Utah, you would be subject to local laws, which may be entirely different. The takeaway is that sexual contact between the two of you before you turn 16 could have real consequences for your partner.
Q. Let me ask that in a better way, do you have to have intent to to commit a crime?
A: The answer to your question is that you have to have whatever mental state is required as an element of a particular crime. Some crimes must be committed intentionally or with intent, in which case yes, they would have to prove intent. Some crimes can be committed knowingly, recklessly, with criminal negligence, and some crimes have no mental state requirement. They are referred to as strict liability offenses. Speeding, for example, requires no showing of mental state. If you're operating a car and you're speeding, it doesn't matter if you intended to speed or were negligent as to your speed. You are strictly liable for your speed, regardless of what's going on in your mind. Assuming you're talking about leaving the scene of an accident with property damage, you have some nuance there with respect to moving the vehicle out of the roadway and that kind of thing. You probably need to speak with an attorney where you can give more detail about exactly how things happened.
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.
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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