Although he's still got some time on the clock before Mayor Lee's deadline, the AP is now reporting that, according to Mirkarimi's attorney, the guilty sheriff will not resign despite the threat of misconduct charges.

Reports from outside the Sheriff's office say Mirkarimi will be speaking about his decision around 4:30 4:10 this afternoon. Stay tuned, folks.

Update, 4:25 p.m.: The Chronicle is also quoting AP sources saying Mirkarimi will not resign. In speaking with the press, Mirkarimi's attorney Lidia Stiglich said, "I'm not aware of any plans of the sheriff to resign... I am disappointed that the mayor has chosen to take this decision away from the voters." Mayor Lee has called for his own press conference at 5 p.m.

Earlier this afternoon Mirkarimi met with his command staff, possibly to discuss how to run the Sheriff's office once he is inevitably suspended for the misconduct investigation. Mrs. Lopez, as previously reported, did not attend her own press conference outside Bill Graham Civic Center early today, but her attorney Paula Canny told reporters, "Eliana Lopez is not afraid of Ross, Eliana Lopez supports Ross. She absolutely wants Ross to remain in office."

Update 5 p.m.: According to reports from inside City Hall, Mirkarimi was sweating bullets as he gave his statement this afternoon, telling the press: "I do not believe that the conduct that I have taken responsibility for constitutes official misconduct within the meaning of the law, and I look forward to making my case to the ethics commission and the board of supervisors."

Later, Mayor Lee addressed a packed house in Room 200. Mirkarimi will be served with official charges tomorrow.

Previously: All Ross Mirkarimi coverage on SFist