California, United States of America
The following excerpt is from People v. Grimes, 182 Cal.Rptr.3d 50, 340 P.3d 293, 60 Cal.4th 729 (Cal. 2015):
to offer benefits, in the form of reduced charges, in exchange for a defendant's guilty pleas, or to threaten to increase the charges if the defendant does not plead guilty. [Citations.] In the pretrial setting, there is no presumption of vindictiveness when the prosecution increases the charges or, as here, the potential penalty. [Citations.] Rather, the defendant must prove objectively that the prosecutor's charging decision was motivated by a desire to punish him for doing something the law plainly allowed him to do. (People v. Jurado (2006) 38 Cal.4th 72, 98, 41 Cal.Rptr.3d 319, 131 P.3d 400.)
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