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 New Jersey, prosecutorial discretion is the power vested in prosecutors, such as the county prosecutors and the Attorney General, to decide whether or not to bring criminal charges against an individual, which charges to file, and what sentences to recommend. 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. Additionally, their decisions can be subject to judicial review, and they must adhere to guidelines and policies set forth by the state Attorney General's office. Police officers in New Jersey also exercise a form of prosecutorial discretion when deciding whether to issue citations or warnings for minor offenses like speeding.