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Brandon D. Fersten

Brandon D. Fersten

Barnes Law Firm
  • DUI & DWI, Criminal Law, Juvenile Law ...
  • Tennessee
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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 one of 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
    Personal Injury
    Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
    Appeals & Appellate
    Civil Appeals, Federal Appeals
    Consumer Law
    Class Action, Lemon Law
    Products Liability
    Drugs & Medical Devices, Motor Vehicle Defects, Toxic Torts
    Insurance Claims
    Bad Faith Insurance, Business Insurance, Disability Insurance, Health Insurance, Life Insurance, Motor Vehicle Insurance, Property Insurance
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
    Construction Law
    Construction Contracts, Construction Defects, Construction Liens, Construction Litigation
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    White Collar Crime
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
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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  • English
Professional Experience
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
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
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
Excellence for the Future Award: Negotiation
Excellence for the Future Award: Advanced Criminal Law
Professional Associations
Tennessee State Bar
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Tennessee Trial Lawyers Association
- Current
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Tennessee Association of Criminal Defense Lawyers
- Current
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Knoxville Bar Association
- Current
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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
Professional Legal Research
Lexis Nexis
Legal Answers
8 Questions Answered
Q. I have 2 misdemeanors showing on my record from 2014. Can I get them exponged?
A: The answer depends on the disposition of the case and which misdemeanors were committed. Some misdemeanors are not eligible to be expunged, such as a DUI, but the majority of misdemeanors are expungeable. The legislature amended the expungement statute years ago to allow individuals to expunge up to 2 prior convictions with different arrest dates. Any charges that were dismissed are eligible to be expunged but unfortunately stay on your record as a dismissal until you file a motion for their expungement. DIscuss your specific convictions with an attorney to see if they are qualifying misdemeanors for expungement. Good luck
Q. Bought a truck they never told me it was in an accident. Can I do anything about it?
A: Yes, you have a few options to attempt to resolve this issue if the company knew that the vehicle was in an accident but concealed that information from you and you were not able to determine that the vehicle was previously involved in an accident through the carmax or a similar report. You can either hire an attorney or attempt to handle the issue on your own. Generally, businesses are more responsive to an attorney than an individual because an attorney will mention in the letter that he or she will file a lawsuit if they do not respond to the demand by a certain date, and your attorney will be able to explain the law and the ways that they will be held liable in a lawsuit. Depending on the facts of your case, the company may be held liable under the Tennessee Consumer Protection Act, as well as for any misrepresentations, intentional or negligent, and fraud that they may have committed. If you choose to attempt to handle the issue on your own, you should first send a letter to the company then, if unsuccessful, file a complaint with the Tennessee Attorney General. A sample/outline of the letter that you should write, along with the process for filing a complaint can be found here: You can also file a complaint against the company with the Better Business Bureau. It is important to note that a violation of the Tennessee Consumer Protection Act could cause the business to be responsible for 3X the amount of damages that you actually suffered through something known as "treble damages." Or, if you go to trial, you could also seek punitive damages to punish the business for their actions and stop them and others from engaging in similar conduct. I hope that you are able to work this out! Best of luck!
Q. Can I be cited for leaving the scene on private property. While parking damage occurred at minimal.
A: In short, yes. Leaving the scene of the accident with damage to another vehicle that appears to be less than $1,500 is a Class B Misdemeanor. A Class B Misdemeanor carries a maximum jail time of 6 months and fines up to $500. The court in addition to or in lieu of those penalties can require you to attend a driver's education course that may cost between $50-175. InTennessee, absent an exception to the warrant requirement, a warrantless arrest for a misdemeanor that was not committed in the officer's presence is illegal.This is a potential defense depending on other circumstances of the citation, including the court that you were charged in. If it is a citation in municipal court, or city court, then the defense is not available to you. However, if you were cited to general sessions court, you may have a defense. Regardless, your citation is likely something that an attorney in Tennessee can handle for you to at least stop you from getting points on your license and your insurance rate going up. Depending on your driving history, an attorney may be able to help fight the ticket, potentially without you appearing in court, to get the citation dismissed. Wish you the best of luck!
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Contact & Map
Barnes Law Firm
109 S. Northshore Dr.
Suite 310
Knoxville, TN 37919
Telephone: (865) 351-6105