In jury trials, it attaches when a jury is empaneled and sworn. Crist v. Bretz, 437 U.S. 28, 36, 98 5.Ct. 2156, 57 L.Ed.2d 24 (1978); Serfass, 420 U.S. at 388, 95 S.Ct. 1055; Terry v. Potter, 111 F.3d 454, 456 (6th Cir.1997). In non-jury trial trials, it attaches when the first witness is sworn and the court begins to hear evidence. Crist, 437 U.S. at 37 n. 15, 98 S.Ct. 2156; Serfass, 420 U.S. at 388, 95 S.Ct. 1055. If a case is dismissed prior to the defendant being put to trial before the trier of fact (e.g., by a motion to dismiss under Fed.R.Civ.P. 12(b)), then double jeopardy protections will not attach. See Serfass, 420 U.S. at 389-91, 95 S.Ct. 1055; United States v. Gamble, 141 F.3d 621, 623 (6th Cir.1998). See also United States v. Pi, 174 F.3d 745, 748-49 (6th Cir.1999)(<HOLDING>), cert. denied, — U.S. -, 120 S.Ct. 74, 145
holding that trial on second indictment alleging repeat offender count separate from indictment on primary offense for which defendant was convicted did not offend principles of double jeopardy holding initial indictment which was subsequently found to be invalid tolled the thirtyday period and superseding indictment alleging different charges based on same fraudulent acts as earlier indictment was therefore timely holding that the government may appeal trial courts dismissal of count in indictment because of prejudice caused by preindictment delay without violating double jeopardy principles holding that the dismissal of an indictment before trial and institution of a superseding indictment does not trigger double jeopardy recognizing double jeopardy bar is inapplicable where a variance between indictment and proof necessitated prosecution under a new indictment