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 Colorado, as in other states, prosecutorial discretion is a significant aspect of the criminal justice system. This discretion allows district attorneys and other prosecuting officers to decide whether to bring charges against an individual, which charges to file, and what sentences to recommend. This discretion extends to decisions made during the entire legal process, including plea bargaining and whether to dismiss charges. The exercise of prosecutorial discretion must be within the bounds of the law and ethical guidelines, but it is generally not subject to judicial review. Colorado prosecutors are elected officials, and as such, they are accountable to the public. If citizens are dissatisfied with the decisions of a prosecutor, they have the right to vote for a different candidate during elections. Additionally, police officers in Colorado also have a level of prosecutorial discretion, particularly in situations like traffic violations where they can decide whether to issue a citation or a warning based on the circumstances.