A defendant's due process rights are not violated when a prosecutor threatens to reindict the accused on more serious charges if the defendant does not plead guilty to a lesser offense.

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The Supreme Court has held that prosecutors have the discretion to reindict a defendant on more serious charges if the defendant rejects a plea bargain offer. This is known as the "charge bargain" and has been deemed a legitimate prosecutorial tool that does not violate a defendant's due process rights as long as the charges are supported by probable cause. Therefore, a prosecutor's threat to reindict on more serious charges in order to secure a guilty plea to a lesser offense is not a violation of due process.

A Defendant's Due Process Rights Are Not Violated When a Prosecutor