Chris Brown’s lawyer, Mark Geragos, told TMZ on his way out of the courtroom this morning he wants the Rihanna case against his client dismissed because of leaks in the case.[Battered Rihanna Picture].

Geragos told us, “Leaks can form the basis for a motion to dismiss the case in regard to outrageous governmental misconduct,I will be be filing a motion in this case regarding the leaks.”

He went on to explain that the motion centered around the Rihanna picture AND several other incidents of leaks about the case.

Rihanna’s attorney, Donald Etra, said that the “Disturbia” singer would prefer if prosecutors and Brown reach a plea agreement before a trial, but that she would testify if called upon.

And Brown signed a waiver and is not expected in court Wednesday 29th april, which is today.

The Judge has set a date of May 28th for Brown’s preliminary hearing.

It is still uncertain what is preventing a deal from being closed by the District Attorney’s office and Brown’s attorney Mark Geragos. If no deal is reached and the case progresses to the preliminary hearing stage, the case against Brown will be presented to a judge. One photo that surfaced of Rihanna after the incident showed her face beaten badly. There is a bigger risk for Chris to go to jail if the judge has to decide what’s next.