Award Winning Client Service, Proven Results

Barnes & Fersten - Proven Results

We’re proud that the hard work and dedication to our clients has produced great results and improved the lives of many of our clients. Below are just a few of the many we are proud of. 

DISCLAIMER: Please remember, every case is different and past results cannot predict or guarantee any particular result of your specific case. 

DUI with .182 BAC and Accident - Reduced to Reckless Driving

Our client was alleged to have red, watery and bloodshot eyes, thick, mumbled and slurred speech, a strong odor of alcohol, unsteadiness on his feet, failed field sobriety tests, admitted to consuming 3 tequila shots about 30 minutes before the car wreck and his breath sample yielded a .182. After reviewing the body camera footage and preparing the case for a hearing we were able to negotiate a reduction to a reckless driving with no jail time or loss of license.

DUI (Marijuana) and Due Care Violation - Reduced to Reckless Driving

Our client was investigated and later arrested for DUI after causing a minor accident. The arresting officer claimed the client failed field sobriety tested and admitted to frequently using Delta 9 THC. After a thorough investigation we negotiated a reckless driving plea without any jail time or loss of driver’s license.

DUI and Open Container - Dismissed

Our client was pulled over when someone called in on him for erratic driving which the officer did not observe. An officer cannot rely on an anonymous 911 call without observing erratic driving to stop a moving vehicle. After putting up an aggressive defense all charges were dismissed and expunged. 

DUI with .118 BAC and Possession of a Weapon Under the Influence - Reduced to Reckless Driving on Diversion and Weapon charge dismissed

Our client was pulled over for speeding and during the stop the arresting officer did a DUI investigation. After administering field sobriety tests the officer arrested the client and then found a handgun in his car. After being hired we uncovered numerous deficiencies in the officer’s investigation and determined that the officer got our client’s signature on the implied consent form 30 minutes after drawing a blood sample. Despite the State arguing voluntary consent, we were able to prove that pursuant to the implied consent statute, the signature was required before drawing blood for the sample to be admissible which led to a great result for our client that will allow the charge to be dismissed entirely off his record.

DUI with .24 BAC- Reduced to Reckless Endangerment on Diversion

Our client had a commercial driver’s license which he relied on for his livelihood. The blood result came back high, but with some great work on the client’s behalf and our guidance, the DUI charge was amended and all charges will be dismissed upon the completion of a diversion period. 

After our client was involved in a tragic accident in which another driver died the State indicted him for Vehicular Homicide by Intoxication. The State had 2 experts testify that our client’s blood levels were extremely high for Oxymorphone and Xanax causing the accident. After a hard fought trial in which multiple expert witnesses were called the jury concluded intoxication was not the cause of the accident and death and convicted only on lesser counts saving significant potential years in prison. 

DUI - Not Guilty at Trial

Our client was pulled over for speeding on the interstate after watching a college football game at a bar. He didn’t believe he was impaired but the officer thought otherwise. After the State refused to negotiate any reduction on the DUI we took the case to trial and the jury found our client not guilty.  

DUI with .108 BAC and Simple Possession - Motion to Suppress Granted and Case Dismissed

We identified what we believed to be an illegal stop of our client’s vehicle and took this case to a preliminary hearing where Mr. Fersten cross examined the officer, brought out the facts that would support or motion to suppress and at the end of the hearing argued that our client’s 4th Amendment rights were violated by the stop, thus invalidating the arrest. The Judge agreed and the case was dismissed. 

DUI with .158 BAC - Amended to Reckless Endangerment

After our client’s blood results came back at nearly twice the legal limit we were able to negotiate successfully an amendment to another misdemeanor charge that saved his driver’s license and kept him from serving any jail time. This result was due to our investigation that revealed limited evidence upon which the state relied for its arrest and the search warrant to draw the client’s blood. 

DUI 2nd - Reduced to Reckless Driving

After our client was charged with DUI 2nd offense, our investigation showed that the proof of his impairment was fairly limited and brought up questions about the validity of the search warrant. Based on those issues we were able to negotiate a reduction of the charges to a reckless driving, saving our client at least 45 days in jail and his driver’s license. 

DUI 2nd - Dismissed

After preparing our client’s case for a preliminary hearing and a motion to dismiss for deficiencies in the arrest warrant, we argued that the charging document was invalid and therefore our client should have never been arrested. Ultimately, we got the case dismissed allowing our client to avoid the mandatory 45 days in jail and she got to maintain her driving privileges. 

Felony Evading Arrest and DUI with .11 BAC - Dismissed

Our client had a CDL and drove for a living. He admitted to consuming 4 alcoholic beverages within the last hour, had an odor of alcohol, bloodshot eyes, slurred speech and vomit on his shoes. After lengthy negotiations with the State all charges were dropped. 

Our client had a vehicular assault and DUI charges stemming from a serious head-on collision wherein she was driving on the wrong side of I-40 with a .30 BAC causing serious bodily injuries to the victim. At the sentencing hearing we convinced the judge that vehicular assault was eligible for diversion, despite DUI being ineligible, and convinced the judge that our client deserved the diversion to not be a felon for the rest of her life. We were extremely excited about our client getting a second chance rather than being a convicted felon, and our client was beyond appreciative of our efforts in securing this victory on her behalf. 

DUI with .16 BAC - Reduced to Reckless Endangerment on Diversion

Our client’s job was on the line if he was convicted of DUI. We fought hard over numerous court dates to demonstrate that our client deserved a second chance. As a result, we convinced the prosecutor to reduce our client’s DUI to reckless endangerment on a judicial diversion so the case will be dismissed in 1 year.

DUI, Felony Evading, Felony Reckless Endangerment - Felonies Dismissed, DUI reduced to Reckless Endangerment

Our client nearly hit multiple officers with his police car resulting in felony reckless endangerment charges. Once he stopped on the side of the highway and officers began to approach his vehicle, our client drove off causing him to be charged with felony evading arrest. However, we were able to find numerous inconsistencies in the officer’s statements based on the video related to the allegations of slurred speech, unsteadiness on feet, and the officer’s failure to proceed with an implied consent blood draw request after our client denied consent initially. Ultimately, our client avoided felonies, the mandatory jail of a DUI conviction and maintained his license without any restriction.

Our client was charged with growing marijuana for resale when an officer came to his home and entered without a warrant. After getting the body cams and seeing what happened we believe the officer searched the client’s home and seized plants in violation of our client’s 4th Amendment rights to be free from unreasonable seraches and seizures without a warrant. Ultimately all charges were dismissed. 

Multiple Felony Drug and Gun Charges - Reduced to a Single Misdemeanor

A client hired us after being charged with felony delivery of both schedule I and VI drugs and Possession of a Handgun During a Dangerous Felony, which caries mandatory jail time. With serious prison time at stake, we investigated his case and mounted a defense based on the officer’s failures to gather and establish certain evidence prior to the client’s arrest. The problems with the investigation we uncovered allowed us to negotiate a misdemeanor plea agreement that avoided all of the significant prison time the client was facing. 

Our client was alleged to be involved in impersonating others in order to cash large fraudulent checks totaling over $60,000.00. After extensive review of discovery, our own investigation, and preparing for trial, we were able to negotiate a plea that avoided any jail time and that was on diversion, allowing the case to eventually be dismissed. 

Our client was charged with aggravated assault for allegedly pointing a gun at an acquaintance. Upon further investigation there were numerous problems with the stories the person told to police and we demanded a hearing. The person would not show up to testify and the case was dismissed. 

Our client had been married to his wife nearly thirty years when one evening he called the police to calm things down after a serious verbal altercation arose between them. That call led to his arrest, over the objections of his wife. We were able to demonstrate the weakness of the charges in court and negotiate a dismissal. 

Our client was facing drug and gun charges in two different counties that carried mandatory minimum prison sentences. We identified defenses to each charges that along with significant rehabilitative efforts on our clients part resulted in a diversion plea that will allow these charges to be dismissed after a period of time.

Felony Manufacture of Sch. I and VI - Reduced to misdemeanor and Diversion

Our client was charged with manufacturing both marijuana and hallucinogenic mushrooms. We believed the proof supported only a misdemeanor possession for personal use charge based upon our investigation into the facts of the case. Ultimately the State agreed with us and our client’s charge was reduced to a misdemeanor and he was given diversion, allowing the case to be dismissed and expunged.

Felony Drugs and Gun Charged - Motion to Suppress Granted - Dismissed

Our client was stopped by an officer for having a tag light out. The officer used a K9 to check for the presence of drugs and eventually found marijuana and a handgun in the car. We filed a motion to suppress the evidence found in the search, conducted the hearing on the motion, and the court agreed that the scope of the investigation exceeded the reason for the stop and suppressed the evidence, leading to a dismissal of all charges. 


Felony Aggravated Burglary and Felony Theft: Dismissed

Our client allegedly broke and entered into a residence stealing $2,500 to $10,000 worth of property then proceeding to sell the items at a pawn shop. We were able to prove that the State failed to get fingerprints or any eye-witnesses establishing our client broke into the residence and committed theft. As such, we argued that our client was in possession of stolen property, but the State failed to prove our client actually stole the items and committed burglary breaking into the home. Consequently, all charges were dismissed and our client avoided felonies and serious prison time. 

Aggravated Sexual Battery- Transfer to Adult Criminal Court Denied

Our client was facing serious charges in juvenile court and the State was attempting to transfer him to adult court where he would face years of prison time and life as a convicted felon. We presented expert testimony at the transfer hearing and argued on our client’s behalf. Ultimately the court did not transfer the juvenile to adult court.

Possession of a Handgun, Possession of Controlled Substances, Runaway, Theft - Out of Custody and Expunged

Our client was placed in the juvenile detention facility for over a week before we got involved. We were able to get our client out of custody, and get all the charges expunged off his record.

Theft - Pre-Diversion (No admission of guilt) and Expunged

Our client was alleged to have stolen a debit card and used it without the owner’s consent. After investigation and negotiation with the State the charge was diverted and our client’s charges were ultimately dismissed and expunged. 

Felony False Report - Pre-trial Diversion and Dismissal/Expungement

After being charged with a felony false report at school, our client hired use to represent him in court. We were able to get the state to agree to to place our client on pre-trial diversion and after 3 months the case was dismissed and expunged from his record. 

Aggravated Assault- Informal Adjustment and Dismissal

Our client was alleged to have taken 2 knives to school and threatened to kill multiple classmates. After proving our client with the necessary tools and assessments, as well as demonstrating to the State the weaknesses in their case based on a potential lack of “fear” by the alleged victims, the State agreed to dismiss the case after 3 months. 

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