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 Maryland, as in other states, prosecutorial discretion is a significant aspect of the criminal justice system. This discretion allows state prosecutors, such as District Attorneys, and federal prosecutors, such as United States Attorneys, to make decisions regarding whether to charge an individual with a crime, what charges to file, and what penalties or sentences to pursue. These decisions are based on various factors, including the strength of the evidence, the seriousness of the offense, the criminal history of the accused, and resources available to the prosecutor's office. While this discretion is broad, it is not absolute and is subject to legal and ethical guidelines. Prosecutors are accountable to the public through the electoral process, as they can be voted out of office if the public is dissatisfied with their performance. Additionally, police officers exercise a form of prosecutorial discretion when deciding whether to issue citations or warnings for minor offenses like speeding. The exercise of this discretion is intended to allow for the efficient allocation of law enforcement resources and to enable the focus on more serious offenses.