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Brandon D. Fersten

Brandon D. Fersten

Barnes Law Firm
  • Appeals & Appellate, Business Law, Criminal Law ...
  • Tennessee
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Summary

Brandon D. Fersten's practice encompasses personal injury, business litigation and contract dispute representation of individuals and small businesses, juvenile defense, criminal defense, DUI defense and appeals. Brandon's main goal in filing a lawsuit and negotiating with insurance companies is receiving the compensation and relief that his clients deserve for the wrong that was done.

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 undergraduate degree in Political Science with a minor in Economics from the University of South Florida.

Brandon has successfully drafted and argued an appeal in Criminal Court that resulted in a reversal of the trial court's ruling, received numerous dismissals of criminal and delinquency charges in General Sessions and Juvenile Court, negotiated settlements on behalf of clients involving car accidents, slip and falls, contract disputes, invasions of privacy, anti-wiretapping, landlord-tenant disputes and prisoner rights, and argued a motion to dismiss a contract dispute that was granted, among various other accomplishments that have benefitted his clients.

When Brandon is not practicing law, he enjoys playing softball and golf, watching sports and hiking in the Great Smokies with his girlfriend of four years, Taylor. He is a die-hard L.A. Rams and N.Y. Mets fan. He also recently brought home his first daughter, an English Golden Retriever puppy, that occupies the majority of his time at home.

Practice Areas
  • Appeals & Appellate
  • Business Law
  • Criminal Law
  • Juvenile Law
  • Personal Injury
  • Construction Law
  • DUI & DWI
  • White Collar Crime
  • Real Estate Law
  • Consumer Law
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
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
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
The Ultimate Guide to Criminal Cases in Knoxville and East Tennessee
The Ultimate Guide to DUI Cases in Knoxville and East Tennessee
The Ultimate Guide to Juvenile Cases in Knoxville and East Tennessee
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
Certifications
Professional Legal Research
Lexis Nexis
Websites & Blogs
Website
Barnes Law Firm Website
Blog
Legal Answers
6 Questions Answered

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!
Q. can i legally leave home tonight if I am 16 years old (almost 17) and will i be sent to juvenile for it?
A: If you do not have your parents' permission to leave your house, I would advise against it. If you leave your home without your parents' consent and they call the police, you will be known as a runaway and the court can find that you are an "unruly child" in need of treatment and rehabilitation. If the court determines that you are an unruly child, the court may place you on probation for up to 12 months (6 months at first then they could extend it another 6 months), or, depending on whether or not you have a criminal history, the court may order that you be placed under supervision or custody of the Department of Children's Services ("DCS"). In short, I recommend that you do not leave your house in the future if your parents do not allow you to do so. It could put you in serious jeopardy of court intervention if your parents end up calling the police on you.
Q. Girlfriend doesnt want to go home but she is a minor. Can the boyfriend get into trouble?
A: Whether your cousin can get in trouble or convicted for allowing his girlfriend to stay with him depends on a few factors. To start, it is a class A misdemeanor to harbor or hide a minor, with knowledge that the child is a runaway, if your cousin either (1) fails to notify the child's parents, or law enforcement of the whereabouts of the child within a reasonable amount of time, usually this must be done in less than 24 hours; (2) conceals the whereabouts of the minor; or (3) aides the child in escaping from the custody of the child's parents. As such, whether your cousin can get convicted of harboring a minor depends on (1) whether his girlfriend has consent to be there - it sounds like she does not; (2) whether his girlfriend has consent to be there - it sounds like she does not and therefore she would be considered a runaway; (3) whether he notifies his girlfriend's parents of her whereabouts. In short, to avoid the possibility of getting into trouble by getting charged, your cousin should at the very least contact his girlfriend's parents. This would avoid the possibility of him getting into trouble for harboring a runaway. If the parents call the police to report your cousin's girlfriend as a runaway and your cousin does not notify her parents of her whereabouts within a reasonable amount of time, he may be charged with harboring a runaway.
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Contact & Map
Barnes Law Firm
109 S. Northshore Dr.
Suite 310
Knoxville, TN 37919
Telephone: (865) 351-6105