Charlie Sheen will plead not guilty today in
Aspen -- weather permitting -- to felony menacing and two misdemeanors, but the judge could ask a question that could land Charlie in jail.
Charlie is currently out on bail for the Christmas Day incident involving his wife,
Brooke Mueller. One of the conditions of bail -- Charlie can't consume alcohol or use drugs.
Our sources say Charlie has fallen off the wagon since his arrest ... which is why he's currently in rehab. If the judge asks Charlie about rehab during Monday's
arraignment and whether alcohol and/or drugs drove him there, Charlie is in a no-win situation.
If he tells the judge he consumed alcohol or used drugs, his
bail can be revoked and he could be thrown in jail. If he tells the judge he did not use alcohol or drugs, he could face a perjury charge.
Technically, all Charlie has to do is say two words -- not guilty. The judge isn't required to ask about anything. But if he does ... all bets are off.
Charlie is scheduled to fly out this AM from L.A. to Aspen. Flights were canceled last night because of weather.
Former "
Baywatch" star
Nicole Eggert dated
Corey Haim back in the day -- and last night, she said the only "good message" people should take from his death is "say no" when it comes to drugs.

Eggert, who says she spoke with Haim's mother yesterday, echoed
Corey Feldman's
words from "Larry King" -- saying "don't assume" it was an overdose.
As we previously reported, Haim had pulmonary congestion, an enlarged heart and water in his lungs -- but the Coroner has
not determined that any of those conditions caused Haim's death.

TMZ has learned the four pill bottles found in the apartment where
Corey Haim collapsed yesterday included the generic versions of
Vicodin and
Valium ... and the same doctor prescribed all 4 powerful meds just days before Haim died.
Law enforcement sources tell us the pill bottles retrieved in the apartment of Haim's mother are
hydrocodone (Vicodin),
diazepam (Valium),
haloperidol (an antipsychotic med) and
Soma (a muscle relaxer).
We're told all four meds were prescribed by a prominent Los Angeles psychiatrist. Sources say all four meds were prescribed the same day -- several days before Haim died.
The
L.A. County Coroner's Office would not comment on the specific meds found, nor would officials say how many pills -- if any -- were missing from the bottles.
Law enforcement sources tell TMZ they believe Haim died from an accidental overdose of meds, though nothing is final until the Coroner's toxicology reports are in.
There have been reports Haim admitted in the past to taking as many as 85 Valium pills a day.
Haim collapsed in his mother's apartment early yesterday and was pronounced dead 2 1/2 hours later.

Corey Haim was so committed to winning the battle against his demons that he demanded a completely drug and alcohol-free environment on the set of the movie he was working on when he died.
In the days before Haim's death, Corey was working on a new film called "
The Dead Sea" -- and according to one of the movie's producers,
Rick Tucker, Haim made it clear that he didn't want temptation anywhere near him.
Tucker tells us that Haim had negotiated his contract to include a provision which required the set to be "clean" during the entire production. Tucker said, everybody affiliated with the movie was supportive of Haim's demand.
With Haim's untimely death, Tucker tells us they have lots of rewriting and reworking to do -- as Haim was one of the main stars of the film.
Brooke Mueller has left her second rehab facility and gone back to live at the family home ... but this time she's brought all the rehab professionals with her ... TMZ has learned.
Sources tell us Brooke wanted to be back home with the kids since
Charlie Sheen is now in rehab, and she brought along her sober coaches, therapists and others.
One person said there is so much luggage and so many people in the house "It looks like a circus."
We're told Charlie's mom and dad,
Martin Sheen, are also living at the house.
As for Charlie, we're told he's "calm and committed" after his first day of rehab.
Charlie Sheen could go back to jail because he has violated the terms of his bail -- specifically by using drugs or alcohol. But sources tell us Charlie's people are confident they will dodge this bullet.
As we already reported, Charlie has not been clean and sober recently. But proving he slipped in a court of law is a whole different matter, and Charlie's reps are now confident info about his alcohol and drug use will remain under wraps.
We reported last night that the delay in checking Charlie into rehab was to make sure his legal position was not compromised in the criminal case.
The prosecutor in the case sounded surprised when we told him that last night, but Charlie's people are confident information about the "
Two and a Half Men" star has been contained and will remain private -- at least in terms of admissible evidence of drug and alcohol use.
As for his show, sources tell us Warner Bros. can deliver the remaining 6 episodes to CBS, provided Charlie is back on set in two weeks from next Monday.
Charlie Sheen arrived at a rehab facility in the L.A. County area at 8 PM PT Tuesday ... TMZ has learned.
Sheen's rep said earlier in the day the "
Two and a Half Men" star was already in rehab.
But sources tell TMZ there were several delays, primarily because Sheen's team wanted to make sure there were no legal ramifications resulting from Charlie's move.
Sources tell us Charlie had been "slipping" and that's why he decided to go into rehab.
TMZ contacted
Arnold Mordkin, the prosecutor in Charlie's criminal case in Aspen, to find out if he was contacted by Charlie's lawyers and whether he gave any assurance he would not try and revoke Charlie's bail. Under the terms of bail, Charlie cannot take drugs or drink alcohol.
Mordkin sounded surprised but said he could not comment one way or the other.
As we first reported, Charlie is not in the same rehab facility as his wife,
Brooke Mueller.As for their kids, they were sleeping soundly Tuesday night. Charlie's mom was at the house and
Martin Sheen joined her after performing his play in L.A.
Charlie Sheen voluntarily checked himself into
rehab and there was "no one big thing that happened that made him go" -- a very well-connected source tells TMZ.
We're told Charlie made the decision to go to rehab late this morning.
As for the kids, we've learned they will stay at the family house with the nannies and other staff. We're told Charlie's mom will spend a good deal of time at the house, as will
Brooke Mueller's mother.
The kids will visit Brooke in her rehab facility.
As we first reported, Charlie will spend two weeks in rehab. We're told he will get outpatient treatment once he checks out.
CBS and
Warner Bros. just issued a joint statement, saying: "CBS, Warner Bros. Television and Chuck Lorre support Charlie Sheen in his decision today to begin voluntary in-patient care at a treatment center."
The statement acknowledges production of "
Two and a Half Men" is temporarily suspended.
Charlie Sheen will spend two weeks in rehab, sources tell TMZ.
We've learned over the last week Charlie told people involved with "
Two and a Half Men" that he was getting outpatient help for a problem, though he never specifically said drugs or alcohol.
We're told Charlie has informed the show's producers he will be back in two weeks. "Two and a Half Men" is set to take a one week hiatus in two weeks, so Charlie would not be on the set for 3 weeks.
We're told there are 6 episodes left to tape for the season. And there's this ... Charlie's deal is up at the end of the season. He's renegotiating with Warner Bros. but the recent turn of events won't help his negotiating position.
Charlie Sheen's wife,
Brooke Mueller, currently has the couple's two children at the rehab facility she's at ... sources tell TMZ.
Sources tell us Mueller's rehab facility allows children, and Brooke's kids are with her right now, along with the nannies and a counselor.
As we first reported, Brooke is now in a private home that offers high-end rehab services and allows patients to bring children and staff. She checked out of The Canyon in Malibu after an alleged security breach.
Up to this point she was sharing custody with Charlie -- in other words, she did not have the kids full-time.
We do not know if Brooke will have the kids full-time now that Charlie himself is in rehab.
Story developing ...

TMZ has learned
Charlie Sheen's wife,
Brooke Mueller, has left a Malibu rehab facility because of a serious privacy breach.
Sources tell TMZ Brooke is no longer at The Canyon in Malibu, after someone from the staff sent a patient admissions document to various members of the media -- including TMZ. The document is very specific about the circumstances surrounding Brooke's admission. We declined to publish it.
We're told the facility acknowledges the breach and is conducting an internal investigation ... nonetheless Brooke bailed and is now in the process of entering a new facility. She is currently staying at a home in L.A.
As we first reported, Brooke
checked into The Canyon earlier this month for substance abuse.