Q: I was arrested over 9 months ago for Violating a Protective Order. Can I assert my Right to a speedy trial, effectively?

A: To assert a violation of your constitutional right to a speedy trial, you must show harm due to the delay. With respect to the final outcome of your case, you will have to sit down with a lawyer. Good luck.

A: You ask a good question and you add a detail (your email) that is important for others to understand.

I know a fellow that did similarly by sending a letter apologizing, saying, "I never 'intentionally' injured you". Well, unbeknownst to him, even an accidental injury can be cause for a temporary restraining order because he was frustrated, hitting himself when she put her hand in the way and was injured. The injury was not intentional but it mattered not. That portion of the letter was admitted (hearsay exception--admission against interests) in evidence which was used against him. That is why we implore defendants to please hire a lawyer or do not discuss your case without legal counsel.

Also to add to Grant's answer, I would say that if you are not in jail it is more difficult to establish "harm" from delay in the trial. I would doubt a dismissal will be granted but it is possible they PO will recommend a modification of probation if you otherwise have no violations. Good luck to you.

A: Texas courts have sustained Speedy Trial violations for cases just under one-year-old when the defendant asserted the right at the beginning of the case, objected to resets along the way, and suffered actual harm like spoiled evidence or an important witness becoming unavailable. Court have also rejected Speedy Trial claims when they view the defendant as actually just seeking a dismissal rather than seeking to have a trial.

Frankly, the state can probably prove its case beyond a reasonable doubt if they go through the trouble to obtain a copy of the email from YOUR email service provider. Spoofing email is easy enough that a teenager can do it, so your attorney may be able to convince the prosecutor that a copy of the message provided by the recipient is not proof enough. That should slow the case down a bit. Your best bet for a successful resolution may be to drag this case out as long as possible and to have no further contact of any type with the protected person. It would be great if your attorney could stretch the case out to beyond when the protective order expires and you CONTINUE to have no contact whatsoever. This would give your attorney an opportunity to convince the prosecutor that it was a simple mistake and it will never happen again. This isn't really a legal defense but more of a practical argument that the prosecutor has more important cases to pursue and more serious crime to fight.