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 Ohio, as in other states, prosecutorial discretion is the authority granted to prosecutors, such as the state's District Attorneys, to decide whether to charge an individual with a crime and what specific charges to file. This discretion extends to decisions about what penalties or sentences to pursue in a case. The basis for this discretion is the recognition that prosecutors have limited resources and must prioritize which cases to pursue, taking into account factors such as the severity of the offense, the strength of the evidence, and the interests of justice. While this discretion is broad, 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 typically elected officials who can be held accountable by voters. Additionally, police officers in Ohio also exercise a form of prosecutorial discretion when they decide whether to issue a citation or a warning for minor offenses such as speeding.