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 Louisiana (LA), prosecutorial discretion is the power vested in prosecuting officers, such as District Attorneys and their assistants, to determine whether or not to bring criminal charges against an individual, and what specific charges to file. This discretion extends to decisions about what penalties or sentences to pursue in a case. The scope of this discretion is wide, allowing prosecutors to consider various factors such as the strength of the evidence, the seriousness of the offense, and the interests of justice. While this discretion is broad, it is not absolute and is subject to checks and balances, including ethical guidelines, oversight by courts, and ultimately the democratic process, as prosecutors are elected officials in Louisiana and can be held accountable by the electorate. Additionally, law enforcement officers, such as police, also exercise a form of prosecutorial discretion when they decide whether to issue a citation or a warning for minor offenses like speeding.