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 Wyoming, as in other states, prosecutorial discretion is a significant aspect of the criminal justice system. This discretion allows prosecutors, such as state District Attorneys, to determine whether to file charges against an individual, which charges to file, and what kind of sentence to recommend or plea bargain to offer. The scope of this discretion is broad, but it is not unlimited. Prosecutors are expected to exercise their discretion fairly and within the bounds of the law. They must also consider the evidence, the severity of the offense, and the interests of justice. While they have the authority to decide on the course of a criminal case, their decisions can be reviewed and are subject to checks and balances, including the possibility of being voted out of office by the electorate. Police officers also exercise a form of prosecutorial discretion when deciding whether to issue a citation or a warning for minor offenses such as speeding. The use of this discretion by law enforcement is typically guided by departmental policies and the circumstances of the offense.