Chris Brown's lawyer is attempting to block an order to transfer the singer into U.S. marshal custody for a Washington, D.C., assault trial.
Brown is being held in a Los Angeles County jail without bail under a judge's order after he was ejected from a Malibu rehab facility. He had been ordered to rehab after violating terms of his probation in connection with a 2009 conviction for assaulting then-girlfriend Rihanna.
Brown faces a misdemeanor assault charge in the nation's capital after he was accused of striking a man trying to take a picture of him outside the W Hotel. Last week a Washington judge authorized federal marshals to bring the Grammy winner to court for an April 17 trial.
Brown's attorney, Mark Geragos, however, has filed legal papers challenging that move, saying it would hurt his ability to confer with his client before the trial.
Geragos said if the U.S. marshals take Brown into custody and the trial is continued, the singer will not be able to leave the nation's capital.
Instead, Geragos proposed two options: block the federal order or permit Geragos to escort Brown to the trial next month.
"We have no assurance he would it make it in time for the trial. Then, we've got no ability to get him back here," Geragos said. "I don't want him languishing there" (meaning Washington).
Los Angeles County Superior Court Judge James Brandlin asked the prosecution for a response to Geragos' motion, said Jane Robison, a spokeswoman for the L.A. County district attorney's office.
"State court is not the jurisdiction to hear a federal case," Robison said about the prosecution's stance.
After the Washington incident, Brown was sent to rehab by Brandlin. When the singer was kicked out last month, Brandlin jailed him.
A conviction in the Washington case could be deemed by Brandlin to be a serious violation of Brown's probation, and the judge could sentence him up to four years in prison.