Affidavit for arrest warrant. Customer: If I filled out an affidavit for non prosecution, do I have to go to court to testify.Lawyer's Assistant: What state are you in? Explore the extensive forms and files library for all your needs. Find the right documents quickly and easily. There isn't always a form to fill out. You can contact their office and make sure they know your wishes. I would either speak to the victim's advocate first, or the actual prosecutor. And let them know just that - that you don't want to see prosecution occur.