A judge has saved Chris Brown from jail, and said he should remain in rehab.

Los Angeles Superior Court Judge James Brandlin turned down a prosecutor's motion to have the R 'n' B singer jailed over an arrest in Washington, DC last year.

Judge Brandlin said Brown appears to be making progress in a treatment facility and should remain there.

A prosecutor asked to have Brown taken into custody over a misdemeanor assault case filed against Brown in DC.

Brown remains on probation in Los Angeles over his 2009 attack on then-girlfriend Rihanna. Brandlin revoked the singer's probation in December but made no changes to his sentence during a brief hearing on Monday, February 2nd.

The singer's lawyer Mark Geragos asked Brandlin to allow Brown to remain in treatment and give time for the Washington case to be resolved.