EXCLUSIVE: Charlie Sheen Trying To Cut New Plea Deal With No Jail Time

Jun. 16 2010, Published 4:30 a.m. ET

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Charlie Sheen is trying to cut a new plea deal for his criminal case in Colorado, is exclusively reporting. has learned that the Two and a Half Men star is now trying to make a deal for NO jail time, but will accept probation. His previous deal called for 30 days behind bars and no probation.

But that deal fell apart at the last minute when Charlie was deemed ineligible for the work release program that was part of the deal.

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That program would have allowed him to smoke.

And has learned exclusively that there are two reasons Charlie is now willing to accept probation: because he feels he can't go without smoking, and with wife Brooke Mueller going back into rehab, the actor wants to personally take care of their twin boys.

"Charlie realizes that any deal with jail time now means he can't smoke," a source close to the actor told "He says he can't go without it. And Brooke is still not clean and needs rehab. That's got Charlie worried about the kids so now he's willing to take probation."

Brooke insists she’s not going back to rehab, with her publicist telling Extra that’s “receiving professional help in the area of stress management.” The publicist added: "By seeking proper guidance, she will be able to continue to resist returning to old behavior patterns. There is no shame in asking for help when it is called for. I have been informed she is doing well."

No matter what type of program Mueller is going through, Sheen is worried about their children.

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During informal conversations, the District Attorney's office has insisted on a one-year probation period. But Sheen is trying to get that down to six months, the source told

Even though Mueller has said she will take care of the twins while she undergoes treatment, Sheen is worried about that situation.

"Other people took care of the kids when both Charlie and Brooke were in rehab at the same time," the source told "But this time Charlie says he wants to be there for them. And he simply can't deal without smoking so that clinches it."

Brooke Mueller

Sheen faces domestic violence charges from his Christmas, 2009 arrest when Mueller dialed 911 and told cops he held a knife to her throat and threatened to kill her.

The couple has not filed for divorce but they have formalized a divorce agreement, an extensive document that was signed on May 20.

Charlie Sheen and Brooke Mueller Sign Divorce Agreement was first to report that a financial divorce deal had secretly been reached, even as Team Sheen denied it. Way back on May 3, we reported: "The marriage is over, they no longer live together, and now Charlie Sheen and Brooke Mueller have reached a secret financial deal for their impending divorce, has learned exclusively."

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That article also stated: "We've learned they've agreed on a payout to dissolve the marriage. Brooke will walk away with a substantial amount of money."

PHOTO: Charlie Sheen's Wife Spotted First Time After His Arrest

And the newly revealed documents show Brooke will receive $55,000 a month.

Sheen's representatives are careful to point out that the marriage is not yet over, but the source close to Charlie told "It's over. They can say anything they want for public spin. Both Brooke and Charlie want it to be over and it's done."

EXCLUSIVE: Woman Who Slept With Charlie Sheen & Wife At Same Time Telling All

Amazingly, on May 3 when broke the news that Charlie and Brooke reached a secret financial deal (which was signed weeks later), Sheen's reps said: "They are not seeking a divorce nor has one been contemplated."

Consider it contemplated and worked out!



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