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 Georgia, prosecutorial discretion is the power vested in prosecuting officers, such as District Attorneys (DAs) and Solicitors-General in state courts, as well as United States Attorneys at the federal level, to determine whether to bring criminal charges, which charges to bring, and what penalties to seek. This discretion allows prosecutors to consider various factors, including the strength of the evidence, the seriousness of the offense, the defendant's criminal history, and the interests of justice. While this discretion is broad, it is not absolute and is subject to legal and ethical constraints. Prosecutors must operate within the bounds of the law and are accountable to the public through the electoral process. Georgia law also provides for checks and balances, including the possibility of judicial review of prosecutorial decisions in certain circumstances. Additionally, police officers in Georgia have a form of prosecutorial discretion when deciding whether to issue citations or warnings for minor offenses like speeding. The exercise of this discretion by law enforcement is typically guided by departmental policies and the circumstances of each individual case.