The troubled beauty - the ex-wife of Charlie Sheen - is accused of assault and cocaine possession with intent to distribute in Colorado last Saturday (03.12.11), but her lawyer Yale Galanter, has gone to state in order to investigate the case.
Her representative Steve Honig insists Yale will "vigorously defend Brooke with the goal of having all charges dropped once the facts of the case come to light".
Brooke, 34, is now back in Los Angeles, California, caring for her two-year-old twin sons, Bob and Max - her children with Charlie.
Steve added: "Brooke is back home in Los Angeles spending quiet time with her children."
Aspen based lawyer Greg Greer thinks it is unlikely that Brooke will get put in prison for her first drug offence in Colorado, stemming from the incident, in which she allegedly hit a clubber on the dance floor of a club called Belly Up, and was reported to be in possession of five grams of cocaine.
Greg told E! news: "It's very likely that she would receive probation."
Steve also clarified the situation with her sons, after it was said Charlie had taken full custody of them.
He added: "Contrary to reports in the media, there will be no changes in the custody arrangement; the children are remaining with Brooke. Both Charlie and Brooke's mother have offered to support Brooke in any way they can."
It has also been revealed Charlie put up Brooke's bail. The actress will appear in court on December 19.