Tennessee Criminal Minutes Podcast

What does the discovery process actually look like during a Tennessee divorce? In this video, the attorneys at Barnes & Fersten break down how discovery works, what kinds of financial records and information may be requested, and why the process can become especially important when spouses disagree about income, property, business interests, or hidden assets. For a more detailed breakdown on t...

When does drug possession become a felony in Tennessee? In this video, the attorneys at Barnes & Fersten explain the difference between simple possession and felony drug charges, what the State must prove, how police try to establish intent to sell, and why the evidence behind the charge matters. For a more detailed breakdown on this topic, read our blog: https://knoxcrimdefense.com/how-drug-p...

How does a divorce actually begin in Tennessee? In this video, we break down the first steps of the divorce process, including residency requirements, filing the complaint, serving your spouse, temporary orders, parenting issues, and what happens before formal discovery begins. We also explain how a Tennessee divorce lawyer can help identify important financial and parenting issues early, address...

How do Tennessee courts decide child custody? In this video, Attorney Brandon Fersten and Dakota Vermillion discuss how child custody is determined in Tennessee, including parenting plans, the best-interest factors courts consider, how a child’s preferences may affect a case, and what parents should know about parenting time and decision-making. For a more detailed breakdown on this topic, read ou...

How can criminal charges affect your gun rights in Tennessee? In this video, we break down how pending charges may impact your ability to buy, possess, or carry a firearm under Tennessee law. For a more detailed breakdown on this topic, read our blog: https://knoxcrimdefense.com/how-do-criminal-charges-affect-gun-rights-in-tennessee/

Can police watch someone appear intoxicated, let them get behind the wheel, and then wait for the situation to escalate into a potential DUI before intervening? In this episode, we discuss how the timing of police observations and intervention can impact a Tennessee DUI case, and why the circumstances leading up to the stop may matter just as much as what happens after the blue lights come on. For...

What’s the difference between being detained and being arrested in Tennessee—and why does that distinction matter? In this video, we break down the legal standards of reasonable suspicion and probable cause, explain when a detention can turn into an arrest, discuss searches and Miranda rights, and look at how these issues often arise in DUI and criminal cases. We also explain what can happen when...

Can you get a DUI in Tennessee without actually driving? In this video, we break down how Tennessee’s “physical control” law can apply when someone is sleeping in a parked car, sitting behind the wheel, or even found near a vehicle while intoxicated. We discuss the factors courts consider, including where the keys are, whether the engine is running, where the person is seated, and whether the vehi...

A criminal charge can put a college student’s education and future at risk. In this video, we discuss how a criminal defense attorney can help protect a student’s rights, navigate both the court and college disciplinary processes, evaluate options like diversion or dismissal, and work to minimize the long-term impact on school, career, and professional opportunities. For a more detailed breakdown...

When does a Tennessee contracting dispute cross the line into criminal home improvement fraud? In this video, we break down what prosecutors must prove, how these charges are graded, recent developments in Tennessee law, and the defenses that may apply when an unfinished or disputed project leads to a criminal investigation. For a more detailed breakdown on this topic, read our blog: https://knoxc...

What are the three standardized field sobriety tests used in Tennessee, and how reliable are they? In this episode, the attorneys at Barnes & Fersten explain the HGN, Walk-and-Turn, and One-Leg Stand tests, why participation is voluntary, and what medical, environmental, and procedural issues may affect the results in a DUI case. For a more detailed breakdown on this topic, read our blog: http...

How far back can Tennessee look when counting prior DUI convictions? In this video, the DUI attorneys at Barnes & Fersten explain Tennessee’s rolling 10-year lookback rule, the 20-year limit, and how old, out-of-state, boating, and serious vehicular convictions may affect a new DUI charge. For a more detailed breakdown on this topic, read our blog: https://knoxcrimdefense.com/how-tennessees-du...

In this video, our attorneys explain when someone charged with domestic assault in Tennessee may be allowed to return home, the importance of understanding no-contact orders, and when GPS monitoring may be required. For a more detailed breakdown on this topic, read our blog: https://knoxcrimdefense.com/can-you-return-home-after-a-domestic-assault-arrest-in-tennessee/

In this video, the attorneys at Barnes & Fersten break down how blood draw evidence can be challenged in DUI cases. From rising BAC arguments to improper handling, storage, or testing of blood samples, they explain why lab results are not always as straightforward as they seem—and how these issues may impact a defense strategy. For a more detailed breakdown on this topic, read our blog: https:...

Drug-based DUI cases are not just alcohol DUI cases with a different substance involved. In this video, we explain how Tennessee handles DUIs involving marijuana, prescription medications, illegal drugs, and other substances, and why these cases often require a closer look at toxicology, officer observations, timing, and proof of actual impairment. For a more detailed breakdown on this topic, read...

In this episode, we explain how assault charges can become felonies in Tennessee. We discuss aggravated assault, serious bodily injury, deadly weapons, strangulation allegations, domestic assault, special victims and locations, and the penalties a person may face if convicted. We also cover why the facts behind the charge matter and when someone accused of felony assault should speak with a crimin...

Robbery, burglary, and theft are often used interchangeably, but under Tennessee law, they are very different charges. In this episode, Barnes & Fersten breaks down what separates these offenses, why the differences matter, and how robbery or burglary allegations may be challenged in court. For a more detailed breakdown on this topic, read our blog: https://knoxcrimdefense.com/robbery-burglary...

What should you not do if you are pulled over for suspected DUI? In this video, the attorneys at Barnes & Fersten discuss five common mistakes people make during a DUI traffic stop in Tennessee. They explain how statements and explanations can become evidence, important information regarding field sobriety tests, and what drivers should know before consenting to searches or arguing with police...

Are police always required to read Miranda rights? The answer may surprise you. In this video, the attorneys at Barnes & Fersten explain when Miranda warnings matter, when they may not be required, and how statements can become an issue in a criminal case. For a more detailed breakdown on this topic, read our blog: https://knoxcrimdefense.com/do-police-have-to-read-miranda-rights/

A detective calls and says they just want to ask a few questions. Should you talk? In this video, the attorneys at Barnes & Fersten explain why speaking with law enforcement without a lawyer can be risky, how your own words may be used against you, and what to do if a detective contacts you about a criminal investigation. For a more detailed breakdown on this topic, read our blog: https://knox...

Facing a first DUI charge in Tennessee? Learn whether jail is mandatory, what factors can increase penalties, and how a DUI defense lawyer may be able to challenge the charge before there is a conviction. Barnes & Fersten represents people charged with DUI in Knoxville, Knox County, and throughout East Tennessee. For a more detailed breakdown on this topic, read our blog: https://knoxcrimdefen...

Charged with simple possession in Tennessee? In this video, our attorneys explain what happens after a simple possession arrest in Knoxville or East Tennessee, including how we challenge drug evidence and pursue outcomes that avoid a permanent conviction. For a more detailed breakdown on this topic, read our blog: https://knoxcrimdefense.com/how-to-beat-a-simple-possession-charge-in-tennessee/

Is marijuana legal in Tennessee in 2026? No. Recreational marijuana remains illegal, and Tennessee does not have a broad medical marijuana program. However, some hemp-derived products may be legal if they meet Tennessee’s THC limits and regulatory requirements. In this video, our attorneys explain Tennessee marijuana laws in 2026, the difference between legal hemp and illegal marijuana products, a...

Can police pull you over for no reason in Tennessee? In this video, our attorneys break down what the law actually says about traffic stops, including the concept of reasonable suspicion and when a stop may violate your rights. If you’ve been charged with a DUI or criminal offense, the legality of the stop can play a critical role in your defense. For a more detailed breakdown on this topic, read...

Can Tennessee police officers search your car because they claim to smell marijuana? Not always. Tennessee cannabis laws have evolved over the years, and it is important to understand your rights in these situations. In this video, our attorneys explain what officers can and can't do during a traffic stop based on the odor of marijuana, and how this impacts criminal cases in Tennessee. For a more...