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Brooke Mueller Dodges Legal Bullet, Assault Charge Likely To Be Dismissed

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Mar. 8 2012, Published 7:00 a.m. ET

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By Jen Heger - RadarOnline.com Legal Editor

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. The mother of Charlie Sheen's twin sons was recently released from the renowned Cirque Lodge, a rehab facility in Utah, where she was treated for 90 days for her addiction to crack cocaine.

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“The assault charge will likely be dismissed because the evidence just doesn't prove that Brooke touched Llana Little the alleged victim. The women exchanged heated words, but Brooke is absolutely adamant that she didn't lay a finger on Llana and the DA is inclined at this point to recommend the charge be dismissed,” a source close to the situation tells RadarOnline.com. “This doesn't mean that Brooke is totally off the hook though. She will plead no contest to a misdemeanor cocaine possession charge and she will likely be sentenced to community service and ordered to pay a fine. She won't do any jail time though because she is considered a first time offender and this is the sentence that anyone in a similar situation would face.”

The source says that Brooke’s decision to seek treatment for her addiction issues will also weigh in her favor.

“The Judge will favorably view the fact that Brooke voluntarily enrolled in rehab for 90 days,” the source says. “She’s serious about staying clean, she’s now living with a sober living companion, and going to AA and NA meetings. Brooke's treatment team will present a formal written report about her progress before her arraignment in April.”

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One of the reasons Mueller was unable to stay sober after previous rehab stints was because she was on Attention Deficit Disorder medications, which is a rocky road for an addict battling with sobriety due to the intense stimulant classification of the medications.

"Brooke's treatment team at Cirque Lodge conveyed to her that it was imperative that this medication no longer be a part of her life if she wants to stay sober,” the insider tells RadarOnline.com. “Brooke did have a very mild case of ADD which was diagnosed by a doctor about 7-10 years ago, but she mainly used it to stay thin. A lot of women take ADD medications because they have the side effect of appetite suppression.

“Brooke had been given ADD medications at previous rehab facilities, but at Cirque she was weened off of it and closely monitored during that time. She hasn't taken the ADD meds in over two months and she is telling her friends and family that this is the reason that she is hopeful that this time will be different. She is hopeful that her recovery from drugs and alcohol will be sustained and lifelong. The only thing she is taking is vitamins.

“The main focus in Brooke's life right now is being the best mom possible to Bob and Max and staying sober.”

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