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    Brooke Mueller Could Avoid Jail—Here's How

    Brooke Mueller, Bob Sheen, Max Sheen INFdaily.com

    Despite her current legal woes, Brooke Mueller can rest easy about a couple of things at leastno one's taking away her kids and she's unlikely to do any hard time.

    First the former.

    Five days after she was busted for assault and drug possession following a fracas in an Aspen nightclub, E! News has learned the erstwhile World According to Paris costar has retained custody of Bob and Max, her twin sons with ex-hubby Charlie Sheen.

    MORE: Charlie Sheen Gets Roasted, Brooke Mueller by His Side

    "Contrary to reports in the media, there will be no changes in the custody arrangement; the children are remaining with Brooke," her rep, Steve Honig, tells E! News. "Both Charlie and Brooke's mother have offered to support Brooke in any way they can."

    That's good news for Brooke, who could have faced a court challenge from the former Two and a Half Men star over guardianship in the wake of her arrest, but lucky for his ex-wife, the couple remain on good terms (like going on a romantic holiday in Mexico a few months back despite their divorced status).

    The 34-year-old reality star was popped by Aspen's Finest just after midnight on Friday after allegedly socking another clubgoer on the dance floor of a hot spot called Belly Up. Officers later found four to five grams of cocaine and booked her into custody on assault and drug possession charges.

    A source now tells E! News that Sheen was the mystery man who put up her $11,000 bond and bailed his former wife out of jail. On Monday, Mueller hopped a private jet back to SoCal, and the insider confirmed the actor handed off custody of the boys to their mother yesterday.

    "The kids are with Brooke now," said the source.

    As for her current legal imbroglio, Brooke's rep told E! she plans to fight the charges.

    "Brooke is back home in Los Angeles spending quiet time with her children. She has retained her longtime attorney Yale Galanter, who is currently in Aspen investigating the case," added Honig in the statement. "Mr. Galanter will vigorously defend Brooke with the goal of having all charges dropped once the facts of the case come to light."

    MORE: Brooke Mueller Brings Down the Hammer on Rehab Facility for Allegedly Leaking Personal Info

    Galanter knows a little something about Aspen dustups, having previously defended Charlie and gotten him a sweetheart plea deal with the Pitken County D.A. stemming from the Christmas Day 2009 incident in which he pulled a knife on his former missus. (Sheen ended up pleading guilty to misdemeanor assault and received probation, rehab and domestic violence counseling and anger management.)

    Greg Greer, a criminal defense attorney not affiliated with the case who has practiced in Aspen for over 25 years, tells E! News that in his view "it is not likely" that Mueller, as a first-time drug offender, will get the maximum six-year prison sentence, let alone end up in pinstripes when this is all over.

    "[It's] very likely that she would receive probation," Greer said, adding that he deals with cases with similar charges like the ones filed against Brooke "all the time."

    The legal eagle noted that the only way that she could go to prison is if there was evidence of distribution of the cocaine.

    We'll see what happens.

    Mueller is due back in Pitkin County court on Dec. 19.

    —Reporting by Baker Machado and Katie Rhames

    MORE: Charlie Sheen & Brooke Mueller: Better Days

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