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 Nevada, prosecutorial discretion is the power vested in prosecuting officers, such as the District Attorney or other state prosecutors, 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. The scope of this discretion is wide, allowing prosecutors to consider various factors, including the strength of the evidence, the severity 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 power of the electorate. Nevada citizens have the right to hold prosecutors accountable through the electoral process, where they can vote to retain or remove them from office. Additionally, police officers in Nevada also exercise a form of prosecutorial discretion when deciding whether to issue a citation or a warning for minor offenses such as speeding.