Prosecutorial discretion generally refers to the authority of a prosecuting officer or agency (United States Attorney or state District Attorney) to decide what if any criminal charges to bring against a person or persons, and what punishment or sentence to seek. Prosecutorial discretion may also be used by a police officer, for example, in deciding whether to issue a driver a speeding citation (ticket) or a warning.

Prosecutors generally have broad authority to make such decisions—subject to the right of the citizens to remove them from office, directly or indirectly, in the voting or election process.

In Virginia, prosecutorial discretion is the power vested in prosecutors, such as Commonwealth's Attorneys (the equivalent of District Attorneys in other states), to determine whether to charge an individual with a crime and what specific charges to file. This discretion extends to decisions about plea bargains, the severity of charges, and the resources allocated to each case. Prosecutors are expected to exercise this discretion fairly and impartially, guided by considerations of legal merit and public interest. While they have significant autonomy, their actions are subject to review by the courts and they can be held accountable by the public through elections. Police officers in Virginia also have a form of prosecutorial discretion when they decide whether to issue a citation or warning for minor offenses such as traffic violations. This discretion is based on the circumstances of the offense and the officer's judgment.