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Brandon D. Fersten

Brandon D. Fersten

Barnes & Fersten, PLLC
  • DUI & DWI, Criminal Law, Juvenile Law ...
  • Tennessee
Review This Lawyer
Lawyer Rating and Reviews
Legal Knowledge
5.0/5.0
Legal Analysis
5.0/5.0
Communication Skills
5.0/5.0
Ethics and Professionalism
5.0/5.0
Oscar A Butler
Oscar A Butler August 28, 2023
Rating: 10 Lawyer Rating - 10 out of 10
While working for Brandon, I learned he is a hard working, dedicated, and knowledgeable attorney who cares about his clients. I endorse Brandon for all criminal matters and have seen first hand how his work ethic results in positive outcomes.
Client Reviews
David H. January 22, 2020
Excellent legal advice A couple weeks ago I was involved in a circumstance where I felt as though a company was at fault for the damages caused to my vehicle. It was a stressful and complicated situation but after working with Brandon I felt at ease. He was very transparent in the way he explained what my options were, while at the same time ensuring I understood what each option really meant. He was extremely prompt in responding to my request for legal advice. Overall great experience and would not hesitate to see Brandon for any and all future legal matters
Jerri Levey January 20, 2020
"Knowledgable and Honest" Brandon Fersten is an intelligent, trustworthy, engaged professional who has given us impeccable legal advice as well as guidance during a difficult situation. Mr. Fersten’s honesty, knowledge of the law and ability to focus on the endgame gave us the confidence to move forward and be successful.
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Biography

Brandon D. Fersten is a partner at Barnes & Fersten, PLLC who focuses exclusively on criminal, DUI and juvenile defense by regularly appearing in general sessions court, criminal court, and juvenile court to defend our clients. Brandon has successfully argued an appeal in Criminal Court that resulted in a reversal of the trial court's ruling. Brandon fights for our clients everyday in criminal cases that result in countless dismissals and favorable outcomes of criminal and juvenile delinquency charges through negotiations, hearings, bench trials and jury trials. Brandon's passion in representing his clients resulted in Brandon being awarded the Top 40 Under 40 award by The National Trial Lawyers and being named Best Lawyers' Ones to Watch.

Brandon graduated Magna Cum Laude with a concentration in Advocacy & Dispute Resolution from the University of Tennessee College of Law. During law school, Brandon made the Dean’s list three years in a row and he was awarded the prestigious CALI Excellence for the Future Award in Advanced Criminal Law, Advocacy Clinic and Negotiation. In 2020, Brandon was awarded the Jerry. P. Black, Jr. Student Clinic Attorney Award. Prior to law school, Brandon received his bachelor's degree in Political Science with a minor in Economics from the University of South Florida.

When Brandon is not practicing law, he enjoys playing softball and golf, watching sports and hiking in the Great Smokies with his wife, Taylor. If you see Brandon somewhere on the weekend, you will most likely see him accompanied by his first daughter Lilly, an English Golden Retriever, and his newborn son Colton Dallas.

Practice Areas
DUI & DWI
Criminal Law
Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
Juvenile Law
White Collar Crime
Video Conferencing
  • Zoom
  • RingCentral
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Tennessee
Board of Professional Responsibility of the Supreme Court of Tennessee
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6th Circuit
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United States District Court for the Eastern District of Tennessee
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Languages
  • English
Professional Experience
Partner/Attorney
Barnes & Fersten, PLLC
- Current
Associate Attorney
Barnes Law Firm
- Current
Student Attorney
University of Tennessee College of Law: Advocacy Clinic
-
Law Clerk
Barnes Law Firm
-
Law Clerk
McDonald, Levy & Taylor
-
Law Clerk
Law Office of Burroughs & Capps
-
Education
University of Tennessee College of Law
J.D. (2019)
-
Honors: Magna Cum Laude
University of Tennessee College of Law Logo
University of South Florida
B.A. (2016) | Political Science; Economics
-
University of South Florida Logo
Awards
Best Law Firms
Best Lawyers
Top 40 Under 40: Criminal Defense
The National Trial Lawyer
America's Top 100 Criminal Defense Attorneys
America's Top 100 Criminal Defense Attorneys
Ones to Watch
Best Lawyers
Top 40 Under 40
The National Trial Lawyer
Jerry P. Black, Jr. Student Clinic Attorney Award
University of Tennessee College of Law
Excellence for the Future Award: Advocacy Clinic
CALI
Excellence for the Future Award: Negotiation
CALI
Excellence for the Future Award: Advanced Criminal Law
CALI
Professional Associations
Tennessee State Bar
Member
Current
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Knoxville Bar Association
- Current
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Tennessee Trial Lawyers Association
Member
- Current
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Tennessee Association of Criminal Defense Lawyers
Member
- Current
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Publications
Articles & Publications
Criminal Defense in Tennessee: Straight Answers About Your Rights and What to Expect Next
Juvenile Defense in Tennessee: Straight Answers About Your Rights and What to Expect Next
DUI Defense in Tennessee: Straight Answers About Your Rights and What to Expect Next
Barnes Law
Difficulty in Establishing a §1983 Lawsuit Against Municipalities For Police Brutality Proves That A Solution is Needed: Respondeat Superior May Be The Solution
The U.S. Supreme Court Or Congress Should Eliminate Major League Baseball's Antitrust Exemption To Scrutinize Major League Baseball's Constitution: An Evaluation of City of San Jose v. Office of Commissioner of Baseball
Speaking Engagements
Advocacy Experience, University of Tennessee College of Law
University of Tennessee College of Law: Advocacy Clinic
Certifications
Professional Legal Research
Lexis Nexis
Websites & Blogs
Website
Barnes & Fersten Website
Blog
Barnes & Fersten Law Firm
Videos
Legal Answers
20 Questions Answered
Q. What is the Statute of limitation for DUI in Tennessee?
A: Unfortunately, the answer is likely no. However, there are a few potential ways the length of time may become relevant and result in a resolution of your case. The first question is dependent on whether the case is still in general sessions or in criminal court. If the case is still in general sessions court, if there is an issue with the warrant and supporting affidavit of complaint such as one of the elements of the offense including but not limited to facts sufficient to support that you were driving or in physical control of the vehicle, or the location of the offense to establish it was on a public road or area frequented by the public, your lawyer should file a motion to get the case dismissed then the case cannot go through the grand jury because there would not be a valid charging document within the statute of limitations. However, if your case is already through the grand jury and in criminal court, as the other lawyer mentioned, your lawyer should file a motion to dismiss for violation of your speedy trial rights. At the very least it will assert your right to a speedy trial for your lawyer to follow up with a second motion to dismiss if any other additional delays occur.

Best of luck and I recommend contacting your lawyer to discuss some potential ways to get your case resolved due to the length of delay.
... Read More
Q. can he/she get a warrant out on them based on accusations? without questioning the other party beforehand
A: Unfortunately he said/she said occurs in far too many criminal cases but the allegations of one individual is enough for the police to get a warrant for your arrest if it is enough evidence to support probable cause of the offense. If the individual is making threats to you and/or other individuals it is imperative that you provide any evidence you have of the threats or the names of the parties involved to your defense lawyer so they can provide you with the best defense possible in your case. I recommend hiring a criminal defense attorney to prepare your case for negotiations with the prosecutor to get the case resolved or to have a preliminary hearing depending on the facts and circumstances being alleged and the offer made by the prosecutor. ... Read More
Q. Is a person allowed to have the vehicle picked up by owner if gets dui in tn.
A: Yes, the Tennessee Supreme Court has actually held that a police officer must provide an individual the opportunity to make their own arrangements for their vehicle rather than inventory search the vehicle and tow it in a case called Drinkard. However, this issue only becomes relevant as far as any evidence obtained during the search such as illegal drugs or empty alcohol containers to suppress the evidence from being used against your son. The reason for this law is to prevent officers from circumventing the warrant requirement for a search by alleging it is an inventory search.

Unfortunately, as far as the expense of the tow goes, there is no recourse or way for you to receive the $250 back that you had to pay to the towing company.

I recommend retaining a DUI attorney to represent your son.
... Read More
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Contact & Map
Barnes & Fersten, PLLC
109 S. Northshore Dr.
Suite 310
Knoxville, TN 37919
Telephone: (865) 351-6105
Monday: Open 24 hours (Today)
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Open 24 hours
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