Jeopardy Attachment

Definition

The point in criminal proceedings at which double jeopardy protections 'kick in' and the government loses its ability to simply restart a case. In a jury trial, jeopardy attaches when the jury is sworn in; in a bench trial, when the first witness is sworn; and in a guilty plea, when the court accepts the plea.

Examples

• •The central dispute in Hunter's case is whether jeopardy attached when he entered his guilty plea under the plea agreement, thereby preventing the government from withdrawing and reprosecuting him.

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