Art. 592 When jeopardy begins

This rule explains exactly when a criminal case officially starts for double jeopardy purposes. That timing matters because once jeopardy begins, the state generally cannot charge the same person again for the same crime.

If someone pleads not guilty and has a jury trial, jeopardy starts when the jury is sworn in. If they choose a trial without a jury (a bench trial), jeopardy starts when the first witness takes the oath to testify. If someone pleads guilty instead of going to trial, jeopardy begins once the judge hands down a valid sentence.

For a person facing charges, this means their protection against being tried twice for the same crime kicks in at these specific moments, not before. If a trial gets called off or falls apart before these points are reached, the state may be able to try the case again without it counting as double jeopardy.