The family court judge says that since hearings began jeopardy has been attached to the case so if she dismisses the charges double jeopardy will prevent Jake O'Hara from being retried for the murder of Henry Morton as an adult in a criminal trial in the Supreme Court. However jeopardy does not attach in a bench trial (a trial where the evidence is heard and the verdict is rendered by a judge instead of a jury) when the court begins to hear evidence after the first witness is sworn in. As the defense and prosecution had just finished making their opening statements and the judge had not yet heard any witness testimony or evidence jeopardy had not yet attached to the case therefore the judge could've dropped the family court charges, without prejudice, allowing Jake to be retried in criminal court as an adult for Henry's murder.