At what point does jeopardy attach in a non-jury trial?

In a non-jury trial, jeopardy attaches when the first witness is sworn in. This is a critical point in the legal process because it signifies the beginning of the trial and the moment when the case is actively being put before the court. Once a witness begins to testify, the proceedings are formally recognized as having commenced with the potential for a final judgment on the charges against the defendant.

It's important to note that in contrast to jury trials, where jeopardy attaches when the jury is sworn in, non-jury trials operate differently due to the absence of a jury. The initial act of swearing in a witness marks that the trial is now in progress and the court has taken jurisdiction over the case, which is why that moment is considered significant for the attachment of jeopardy. This principle safeguards the rights of defendants by ensuring they cannot be prosecuted for the same offense once a trial has begun.