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The reason most attorneys seemed to not want to represent you on this is because quite frankly it is such a minor offense, a class c misdemeanor
with a fine of about $160 and it is treated and considered no different than a speeding ticket.
In order to be convicted of public intoxication, you first have to be in public, not in your own home. Second, just drinking or consuming alcohol even in public is not sufficient, you also have to be proven to be a danger to yourself or others. If they cannot prove 1) you were in public and/or 2) you were a danger to yourself or others beyond a reasonable doubt you must be found not guilty or the charges should be dismissed.
When you appear in court, you state you are not guilty and ask the court for a conference with the prosecutor. When you meet with the prosecutor you need to ask him to dismiss based on lack of probable cause
as you were inside your apartment and not in public and also were not a danger to yourself or others and as such neither element of 49.02 can be satisfied.
Generally, the prosecutor will agree and will seek to file the dismissal. If the prosecutor refuses, then based on your information above and if the evidence supports your claims then you need to go to trial
as it does not sound like the prosecutor will be able to prove the elements required by law beyond a reasonable doubt.
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