Chris Brown In Court

Chris Brown and his attorney, Mark Geragos, appear in court last November. An L.A. County Superior Court judge Monday rebuffed another attempt by prosecutors to send Brown to jail, citing his progress in therapy. (Frederick M. Brown / Getty Images / November 20, 2013)

An L.A. County Superior Court judge Monday rebuffed another attempt by prosecutors to send Chris Brown to jail, citing his progress in therapy.

Brown is on probation for his 2009 conviction for assaulting then-girlfriend Rihanna. Los Angeles County Deputy Dist. Atty. Mary A. Murray asked the judge in court papers to take the R&B singer into custody for failing to live up to a probation requirement that he "obey all laws."

Murray also asked the judge to set a probation revocation hearing because Brown was arrested last October in Washington, D.C., where he faces a subsequent misdemeanor assault charge. He was accused of hitting a man trying to take a picture of him outside the W Hotel.

Murray noted in December that prosecutors could not proceed with a hearing on a probation violation because she did not have the witnesses' names. She said they now have the names and have "sufficient evidence" for a probation violation hearing related to the arrest.

But Judge James R. Brandlin said he would not jail the singer because he has showed progress in rehab. In November, the "Love More" singer was ordered to a 90-day live-in anger-management treatment program, where he would have to complete three eight-hour days of community service each week and undergo periodic drug tests.

The Grammy Award winner has been diagnosed with attention deficit disorder, according to his probation report, and suffered a "setback mentally and emotionally" when he was "not credited for all the hours" he served in community service. He also became depressed during that time, the probation report said.

Brown’s next court hearing in Los Angeles is scheduled for Feb. 28.

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