Should the defendant's motion to dismiss the indictment on double jeopardy grounds be granted?

Should the defendant's motion to dismiss the indictment on double jeopardy grounds be granted?

• A. Yes, jeopardy attached at the preliminary hearing
• B. No, jeopardy does not attach until the jury is sworn or evidence is heard in a bench trial
• C. Yes, because a previous grand jury proceeding occurred
• D. No, because double jeopardy does not apply to a grand jury proceeding

Answer: (B)