Under what law can someone move for dismissal of misdemeanor charge in Texas?

had two beers, I called 911 for help next to an unruly friend, they ask my friend to leave my house, and charge me with public intoxication, and I only have two beers, and they said I was abusing 911.
PI is a class C misdemeanor, so it isn't very serious to set off with, but you can't be convicted for public intoxication inside your own home. Not even in Texas. Maybe your front yard, but never inside the home. There is therfore no probable produce for the arrest, and you should attack the charge on that basis. If probable cause is erroneously found, then you'll own to fight it out. The court has no authority to dismiss a criminal case fictional a request from the State, but it sounds like this one should be an easy case to vanquish at trial. If you really want to be a pain in the butt, you should demand a trial by jury. In Texas, you own that right no matter what the charge is. Jury trials are very expensive and time consuming for the State, and doing that might convince the prosecutor to move for dismissal rather than pursue a covering he probably cant win.

Now, as for the abuse of the 911 service, it sounds to me that you weren't charged with that. If not, then you should do ok. If you be, the State might have a case, depending on just how egregious the situation be. Really, you should have just called the police instead of 911, if adjectives you had to report was a friend committing a criminal trespass by refusing to walk out your house.
you can't move for a dismissal you have already been charged, you can now any plead guilty or not guilty. Take a look at this link it will explain it better..

http://www.the3rdjudicialdistrict.com/ch...