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 Vermont, as in other states, prosecutorial discretion is a significant aspect of the criminal justice system. This discretion allows state prosecutors, such as District Attorneys, and federal prosecutors, such as United States Attorneys, to make decisions regarding whether to charge an individual with a crime, what charges to file, and what penalties to seek. This discretion extends to decisions made during the entire legal process, including plea bargaining and sentencing recommendations. Vermont law does not specifically codify prosecutorial discretion, but it is an established principle derived from common law and the inherent powers of the prosecutorial role. The exercise of this discretion is subject to ethical guidelines and can be reviewed for abuse, but it is generally protected to ensure the efficient administration of justice. Additionally, police officers in Vermont also have a level of prosecutorial discretion, particularly in matters such as traffic violations, where they may choose to issue a warning instead of a citation. The ultimate check on a prosecutor's discretion is the democratic process, as prosecutors are elected officials or appointed by elected officials, and they can be held accountable by the public through elections or other political means.