conviction; and (3) multiple punishments for the same offense. Ohio v. Johnson, 467 U.S. 493, 498, 104 S.Ct. 2536, 2540, 81 L.Ed.2d 425 (1984). In a jury trial, jeopardy attaches when a jury is empaneled and sworn; in a non-jury trial, jeopardy attaches when the court begins to hear evidence. Serfass v. United States, 420 U.S. 377, 388, 95 S.Ct. 1055, 1062, 43 L.Ed.2d 265 (1975). The protections provided by the Double Jeopardy Clause do not “alter the fundamental principle that an accused must suffer jeopardy before he can suffer double jeopardy.” Id. at 393, 95 S.Ct. at 1065. As jeopardy does not attach until a defendant is put before the trier of fact, the constitutional prohibitions cannot be applied to judicial proceedings where no prosecution occurs. Id. at 389, 95 S.Ct. at 1063 (<HOLDING>); United States v. Dionisio, 503 F.3d 78, 79
holding that an issue was not properly before the court on appeal because the trial court did not have the opportunity to make any findings of fact regarding it holding that plea in bar was properly denied when bjecause the trial court did not accept a guilty plea to the deaddocketed counts 4 and 5 of the fulton county indictment which alleged the same crimes as the gwinnett county indictment here jeopardy did not attach holding in the administrative forfeiture context that jeopardy does not and cannot attach until one is made a party to a proceeding before a trier of fact having jurisdiction to try the question of guilt or innocence holding that jeopardy did not attach when the judge dismissed indictment because case was not put to fact finder and court did not make determination of guilt recognizing that an indictment may be dismissed in part