If you are facing criminal charges in Texas, it's important to understand the state's laws regarding consolidation and joinder of prosecutions. These laws determine whether multiple offenses can be prosecuted together and whether evidence from one trial can be used in another trial. Section 3.02 of the Texas Penal Code lays out the rules for consolidation and joinder of prosecutions.

Here's what you need to know:

Consolidation of Offenses Under subsection (a) of Section 3.02, a defendant may be prosecuted in a single criminal action for all offenses arising out of the same criminal episode. This means that if you are charged with multiple offenses that are related to each other, the state may choose to prosecute them together in one trial.

This can have both advantages and disadvantages, depending on the circumstances of your case. Joinder of Charging Instruments Subsection (b) of Section 3.02 addresses situations where a single criminal action is based on more than one charging instrument within the jurisdiction of the trial court.

In these cases, the state must file written notice of the action at least 30 days prior to the trial. This gives you and your attorney time to prepare a defense against all of the charges that you are facing.

Restrictions on New Trials

Finally, subsection (c) of Section 3.02 places restrictions on the state's ability to prosecute you for offenses that were not joined in a former prosecution. Specifically, if a judgment of guilt is reversed, set aside, or vacated, and a new trial is ordered, the state may not prosecute any offense in the new trial unless evidence to establish probable guilt for that offense was not known to the appropriate prosecuting official at the time the first prosecution commenced.

Sec. 3.02. CONSOLIDATION AND JOINDER OF PROSECUTIONS.

(a) A defendant may be prosecuted in a single criminal action for all offenses arising out of the same criminal episode.

(b) When a single criminal action is based on more than one charging instrument within the jurisdiction of the trial court, the state shall file written notice of the action not less than 30 days prior to the trial.

(c) If a judgment of guilt is reversed, set aside, or vacated, and a new trial ordered, the state may not prosecute in a single criminal action in the new trial any offense not joined in the former prosecution unless evidence to establish probable guilt for that offense was not known to the appropriate prosecuting official at the time the first prosecution commenced.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.