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R&B singer Chris Brown appears in court during a probation-review hearing in Los Angeles Superior Court on Monday, Feb. 3, 2014. The judge rejected a prosecutor's request to have Brown sent to jail over the misdemeanor assault case filed last year in Washington, D.C. (AP Photo/David McNew, Pool)David McNew / AP

A Los Angeles judge turned down a prosecutor's request Monday to send R&B singer Chris Brown to jail, citing his progress in a live-in rehabilitation program and continued good behavior.

Los Angeles Deputy District Attorney Mary Murray sought to have Brown locked up again because of new evidence she said investigators have obtained from new witnesses to an altercation Brown allegedly had in Washington, D.C. in October. The testimony from the witnesses, Murray said, proves he violated his probation stemming from his 2009 assault on singer Rihanna.

Murray said she asked for Brown to be taken into custody because she now had information about the man whose nose was allegedly broken in the attack that allegedly involved Brown and his bodyguard. Brown was sentenced to three months at a residential treatment center in November after he was charged with misdemeanor assault over the fight outside his D.C. hotel.

According to Brown's attorney Mark Geragos, the singer's last four drugs tests have been negative. The 24-year-old R&B star attended the hearing but hardly spoke. He was accompanied by his mother Joyce Hawkins and girlfriend Karrueche Tran.

"I say keep things on a short leash," Geragos asked Judge Brandlin. "Keep him where he is now. "He is making great strides and all you have to do is look at him, and I've known him for five years. He's as good as he's ever been."

Superior Court Judge James R. Brandlin added that probation officials reported that Brown "appears to have a more serious and responsible demeanor" since checking into rehab. Brandlin ordered Brown to return to court on Feb. 28 to update him on his progress and reminded him to take his prescription medications and abstain from medical marijuana.

Brown is due to appear in court in Washington, D.C. on Feb. 20.

E! legal correspondent Claudia Rosenbaum contributed to this report.