You may be correct, but my understanding is that unless the charges are dropped “with prejudice”, they can be refiled; it’s only if the trial grinds all the way to a formal conclusion with a formal verdict of “Not Guilty” that the double-jeopardy protections kick-in.
Generally, as I understand, even if it gets to the point of the trial concluding and going to the jury, if the jury “hangs” and the judge calls a Mistrial, then the prosecution has the option of trying again.
Yes a mistrial doesn’t necessarily attach double jeopardy.
I think the “logic” goes something like this: If the prosecution, or judge, dismisses a charge after the prosecution has rested their case, double jeopardy attaches. If not, if the case reaches a hung jury, then the case ( charges) can be retried.
Put another way, if the prosecution “ gives up” (by dismissing or dropping) on a charge ( or charges ) then double jeopardy attaches, but if they don’t, or if a judge doesn’t determine that their case hasn’t met a bare minimum of proof, and this goes to the conclusion of the trial, then the charg(es) can be brought again (because they didn’t “give up” before the end. )
Crude, but I believe an accurate description of the operative “logic” here.
Of course he can still be civilly tried...