(CNN) -- Chris Brown must return to California the same way he got to Washington, D.C. -- in chains on the grueling "Con Air" inmate transport system. A Los Angeles judge refused a request to free the singer from custody on Wednesday so he could make his own way back from Washington. Brown, 24, was taken to Washington by U.S. marshals this month for trial on an assault charge, but that has been put on hold until the appeal of his bodyguard's conviction is completed. Brown has been on probation since 2009 when he pleaded guilty to a felony assault charge in the beating of his then-girlfriend Rihanna Fenty.
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NEW: Chris Brown's situation has "gotten worse," a prosecutor says
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NEW: The singer is "stuck between a rock and a hard spot," his lawyer says
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"It's a little over the top to have him in custody on this misdemeanor," lawyer says
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The assault trial is delayed until appeal from Brown bodyguard is done
A hearing was set for May 1 in @placeholder to set a date for another hearing that could determine if Brown's Washington case warranted a probation revocation.
It could be several months before his trial in @placeholder is held.