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.
- University of Tennessee College of Law
- J.D. (2019)
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- Honors: Magna Cum Laude
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- University of South Florida
- B.A. (2016) | Political Science; Economics
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- Partner/Attorney
- Barnes & Fersten, PLLC
- - Current
- Associate Attorney
- Barnes Law Firm
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- 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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- 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
- 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
- Advocacy Experience, University of Tennessee College of Law
- University of Tennessee College of Law: Advocacy Clinic
- Professional Legal Research
- Lexis Nexis
- 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
- Tennessee State Bar
- Member
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- Knoxville Bar Association
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- Tennessee Trial Lawyers Association
- Member
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- Tennessee Association of Criminal Defense Lawyers
- Member
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- 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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- Free Consultation
- Credit Cards Accepted
- Contingent Fees
- DUI & DWI
- Criminal Law
- Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
- Juvenile Law
- White Collar Crime
- English
- 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 ... 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 ... 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 ... Read More
What To Expect At A DUI Pretrial Hearing
If you're facing a DUI pretrial hearing, it's important to know what to expect. In this video, our attorneys discuss the different aspects of a DUI pretrial hearing to give...
Barnes Law Firm
Barnes Law Firm Video
Can My Child Be Tried As An Adult?
When it comes to juvenile defense, a lot of people are unsure of what to expect. In this video, we answer some common questions about how children can be tried...
Effects Of DUI On Your Driving Privileges
If you're convicted of DUI, your driving privileges will likely be affected. In this video, we discuss the various effects a DUI conviction can have on your ability to drive....
Marijuana DUIs
Marijuana DUIs are a real thing. And if you're caught driving high, you can face some serious penalties. In this video, we discuss what happens when you get pulled over...
Miranda Rights For Juveniles
When a juvenile is arrested, they have the right to remain silent and be represented by an attorney. In this video, we discuss the Miranda rights for juveniles and what...
The Role of Rehabilitation In Juvenile Defense
When a juvenile is accused of a crime, rehabilitation may be the best path forward. In this video, we discuss the role of rehabilitation in juvenile defense cases and how...
What Is DUI By Allowing?
What is DUI by allowing? In this video, we'll explore what constitutes a DUI by allowing charge. We'll discuss what factors can contribute to a person being charged with DUI...