Are charges subject to Double jeopardy if they have been pleaded out of?
<ul>
<li><p>Person C was charged with crimes A and B.</p></li>
<li><p>Person C pled guilty to crime A, as part of a plea bargain with prosecution, in exchange for dropping charges on crime B.</p></li>
<li><p>Executive branch (state or federal, as appropriate) pardoned/commuted the sentence of person C for crime A.</p></li>
</ul>

<h1>Can prosecution decide to prosecute person C for crime B now, without it being thrown out as Double Jeopardy?</h1>

<p><sub>Why it's unclear to me: Wikipedia says <code>Double jeopardy is a procedural defence that prevents an accused person from being tried again on the same (or similar) charges and on the same facts, following a valid acquittal or conviction</code>, which seems to exclude the situation where the charge was pleaded out of - which is neither acquittal nor a conviction</sub>.</p>

<p>The Fifth Amendment, in pertinent part, reads: </p>

<blockquote>
  <p>"nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;"</p>
</blockquote>

<p>which suggests that Crime B is still fair game under double jeopardy. However, if B is a lesser included offense under <a href="https://en.wikipedia.org/wiki/Blockburger_v._United_States">Blockburger</a>, i.e. A is Aggravated Robbery and B is Robbery, then a prosecution <em>could</em> be barred by Double Jeopardy. </p>

<p>Barring that, and jurisdiction specific law, the State isn't barred by the Double Jeopardy clause of the 5th (and 14th) amendment. That does not foreclose Person C from finding an ethical, equitable, statutory remedy or controlling case enforcing a plea bargain.</p>

<p>As far as I can tell, commutation is the equivalent of a conviction while a pardon is equivalent to an acquittal. I also imagine if the prosecution isn't barred and tried C for B, the Executive may just pardon/commute C again.</p>

<p>Edit to add: Under <a href="https://www.oyez.org/cases/1971/70-98">Santobello</a>, it would appear C may have an additional remedy enforcing a plea bargain. Santobello didn't involve a case dismissed in a plea bargain, nor commutation or pardon. A court might find that commutation or pardon are essentially a breach of the agreement.</p>

double-jeopardy