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 North Carolina, prosecutorial discretion is the power vested in prosecutors, such as District Attorneys, 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 significant, it is not absolute and is subject to checks and balances, including ethical guidelines, oversight by the courts, and ultimately the democratic process, as prosecutors are elected officials who 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 citations or warnings for minor offenses like speeding. The exercise of prosecutorial discretion in North Carolina is guided by state statutes, case law, and professional conduct standards that aim to ensure fairness and justice within the criminal justice system.