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Brandon D. Fersten

Brandon D. Fersten

Barnes Law Firm
  • DUI & DWI, Criminal Law, Juvenile Law ...
  • Tennessee
Review This Lawyer
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
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Law Clerk
Barnes Law Firm
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Law Clerk
McDonald, Levy & Taylor
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Law Clerk
Law Office of Burroughs & Capps
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Education
University of Tennessee College of Law
J.D. (2019)
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Honors: Magna Cum Laude
University of Tennessee College of Law Logo
University of South Florida
B.A. (2016) | Political Science; Economics
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University of South Florida Logo
Awards
Top 40 Under 40: Criminal Defense
The National Trial Lawyer
Ones to Watch
Best Lawyers
Top 40 Under 40: Civil Plaintiff
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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Tennessee Trial Lawyers Association
Member
- Current
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Tennessee Association of Criminal Defense Lawyers
Member
- Current
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Knoxville Bar Association
- 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
Legal Answers
16 Questions Answered
Q. What is my recourse if the cop lies and says he smells alcohol and the fact that i dont drink
A: If you were arrested for DUI it is imperative that you hire a DUI lawyer. Officers routinely write "strong odor of alcohol, slurred speech, unsteady on feet, red watery and bloodshot eyes" in nearly every arrest warrant for DUI. The only recourse is to question him on the witness stand in open court through cross examination by your attorney or reaching a negotiated resolution before a hearing. Since you do not drive alcohol, the body cam footage should be telling in showing exactly what you looked like that night which should be inconsistent with impairment by alcohol.
Q. My husband was arrested for domestic assault for pushing me the ground while drunk after someone called the cops on him
A: Generally, the defense attorney will set the case for a preliminary hearing and the State will subpoena you as their witness at the hearing. However, before the hearing takes place, the ADA assigned to the case will be in negotiations with your husband's attorney. Your husband's attorney should interview you with regards to what happened and what you want accomplished with the case to explain to the ADA requesting the case to be dismissed on some sort of condition and usually after the passage of a certain amount of time, 6-12 months. Thereafter, at court, the ADA and/or the victim witness coordinator will discuss the case with you and your husband's attorney's position on the case. Although it is the ADA's decision whether to accept the defense attorney's offer to resolve the case, it makes it difficult for the State to proceed with a witness that is uncooperative or does not want to press forward with the case to trial. As the attorney below mentioned, the most important thing is that your husband hires a lawyer to represent his interests.
Q. I was pulled over for no reason when I ask the officer why he could only ssid I looked suspicious. He finds drug on me
A: Without probable cause that you committed a criminal or traffic offense, an officer cannot initiate his or her blue lights to seize your person and cause you to pull over. The officer needed specific and articulable facts to establish probable cause and seize you. However, unfortunately, the case does not automatically go away. Instead, you will need your lawyer to order the body cam footage to show the ADA that the officer lacked probable cause to initiate a traffic stop. This may result in a favorable plea offer. If not, your lawyer can request the judge to dismiss the case following a preliminary hearing where your lawyer will cross examine the police officer on the reason, or lack thereof, for the stop and for your arrest. Regardless of whether the judge dismisses the case or not, it will be up to the DA's office whether to bring your case forward to the grand jury. If your case goes through the grand jury and you are indicted to criminal court, your lawyer can once again negotiate with the ADA on your case, which depending on the district sometimes changes from general sessions to criminal court, then if it is fruitless your lawyer can file a motion in criminal court requesting the judge to suppress the stop and dismiss the case with there being no remaining evidence. I wish you the best of luck in finding a lawyer that will fight for you and hopefully get you a favorable resolution based on the illegal seizure issue.
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Contact & Map
Barnes & Fersten, PLLC
109 S. Northshore Dr.
Suite 310
Knoxville, TN 37919
Telephone: (865) 351-6105
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