Chris Brown’s trial resulting from him allegedly punching a fan that requested a picture in Washington D.C. this past October has been pushed back by what could be several months, according to reports from CNN. Brown had to be flown back to California to await his trial from a jail cell.

The delay comes as a result of Brown’s bodyguard, Christopher Hollosy, being convicted on a charge of misdemeanor assault on Monday after he was found guilty for his role in the incident.

“I think it’s a little over the top to have him in custody on this misdemeanor when everybody saw the bodyguard’s trial and which was nothing more than a bloody nose,” said Brown’s lawyer, Mark Geragos. “And you have got the bodyguard who was convicted and who readily admitted he was the one who did the punching. So all of this is much ado about nothing.”

Hollosy plans to appeal his conviction which is why the court won’t grant him immunity and allow him to testify in Brown’s case and risk jeopardizing his own. It appears that Brown will be waiting for his case to get to trial until Hollosy’s appeal has gone through and he can testify as a key witness.

Brown has been in prison for almost 40 days after he was ordered to jail time after being kicked out of rehab. Brown still hasn’t had a probation hearing to determine whether or not the arrest violated his probation. A hearing for this has been scheduled for May 1 in Los Angeles.