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 Dakota, as in other states, prosecutorial discretion is a significant aspect of the criminal justice system. This discretion allows state District Attorneys and United States Attorneys to determine whether to file charges against an individual, which charges to file, and what penalties to pursue. These decisions are based on various factors, including the strength of the evidence, the seriousness of the offense, and the resources available. Prosecutorial discretion also extends to plea bargaining, where prosecutors may negotiate charges and sentences in exchange for a defendant's guilty plea. 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 electorate is dissatisfied with their performance. Additionally, in some cases, prosecutorial decisions may be reviewed by a judge or an appeals court if there is a question of abuse of discretion or misconduct.