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 Oklahoma, as in other states, prosecutorial discretion is a significant aspect of the criminal justice system. This discretion allows prosecutors, such as District Attorneys, to decide whether to file charges against an individual, which charges to file, and what penalties to pursue. This decision-making power extends to plea bargaining, dismissing charges, and recommending sentences. Prosecutorial discretion is guided by considerations of limited resources, the severity of the offense, the strength of the evidence, and the interests of justice. While prosecutors have this discretion, they are also accountable to the public. In Oklahoma, District Attorneys are elected officials, and their decisions can be scrutinized by the electorate. If citizens are dissatisfied with the decisions made by a prosecutor, they have the right to vote for a different candidate in the next election cycle. Additionally, prosecutorial conduct is subject to ethical standards and can be reviewed by professional conduct boards or the courts if there is an allegation of abuse of discretion.