Lance E. BastianA criminal defense attorney with experience on both sides of the courtroom.
- Criminal Law, DUI & DWI, Domestic Violence ...
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.
- 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
- Google Meet
- Google Meet
- Microsoft Teams
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
- Utah State Bar
- 10th Circuit
- Portuguese: Spoken, Written
- Deputy Utah County Attorney
- Utah County Attorney's Office
- 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
- 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.
- Brigham Young University J. Reuben Clark Law School
- J.D. (2011) | Criminal Law and Trial Practice
- 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
- University of South Florida
- Graduate Studies in Biomechanics and Physiology
- Brigham Young University
- B.S. (2004) | Zoology, Minor in Chemistry
- 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
- Utah State Bar  # 13637
- - Current
- A. Sherman Christensen Inn of Courts
- - Current
- Nelson Naegle, PLLC
- 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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