San Diego DUI lawyers must be retained by those employed or who have assets, in San Diego County DUI cases. Public Defenders are generally not available for those arrested for a San Diego DUI who have assets or who work.

Should a (former?) millionaire be allowed to use a public defender lawyer? That is a question in San Diego federal court with a gentleman named Brent Wilkes.

Federal Judge Larry Burns said he will want to see an updated financial affidavit from Mr. Wilkes, to determine whether he is eligible for a public lawyer. The judge has alleged a previous affidavit Wilkes had filed with the court turned out to be somewhat misleading.

Prosecutors have said Wilkes has the means to pay for his own lawyers and should repay taxpayers the costs for two federal public defenders who represented him in a second, related indictment that has now been dismissed.

After spending a little more than five weeks of a 12-year sentence in federal prison, former Poway defense contractor Brent Wilkes could be free on bail as early as this weekend while he appeals his convictions on alleged bribery and other charges.

How soon Wilkes gets out will depend on several factors, including the value of real estate he owns that would be used to secure his bail.

At a hearing yesterday in San Diego federal court, U.S. District Judge Burns said he wanted updated appraisals of the property before setting the conditions of release for Wilkes, 53.

A jury convicted Wilkes of bribery, fraud, conspiracy and money laundering for giving Cunningham cash, gifts and fancy trips in exchange for the congressman’s influence to secure contracts for Wilkes’ company. He is appealing, as he has the right to do and should not be judged by anyone pending the outcome of that appeal.

Meanwhile, ordinary folks in San Diego county’s DUI courts scramble to come up with funds to hire a San Diego DUI attorney because they are not eligible for a public defender. www.sandiegodrunkdrivingattorney.net

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