Brooke Mueller is looking to dodge a major legal bullet in connection with her arrest for possession of cocaine, because the assault charge that was filed against her will likely be dismissed, RadarOnline.com is exclusively reporting.

As previously reported Brooke, 34, was arrested last December in Aspen for assault and possession of cocaine. Mueller will face a judge in several weeks for her formal arraignment on the charges.

Brooke Mueller was all smiles earlier this week when a Los Angeles judge denied Charlie Sheen’s request for full custody of the estranged couple’s twin sons.

However, friends of Mueller’s are concerned the decision will be detrimental to the struggling addict’s stab at sobriety and that she may have had a better chance at recovery if she had actually had the boys taken away.

Charlie Sheen Loses Custody Battle For Twins

“We are fearful that Brooke will never truly get sober until she hits rock bottom,” a close friend of Brooke’s tells RadarOnline. “She has never been allowed to though, she always gets a lucky break and she hasn’t learned that there can be serious consequences to her actions.

“Brooke knew that if she used drugs she could lose custody of the boys. But, what happened? She used drugs, and didn't lose the kids - so she got away with it.

Strung Out Brooke Mueller Arrives To Court