This form is a general affidavit. Affiant maintains that his/her statements are made upon affirmation of belief and personal knowledge that certain facts and matters set forth in the document are correct and true.
Affidavit Of Non Prosecution Form California In Arizona
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I am the complaining witness against _______________________, the Defendant in the above referenced case. It is my wish and desire that all charges in relation to these matters be dismissed, that there be no further action taken thereon and I do not intend to pursue the prosecution of said Defendant.
I am the complaining witness against _______________________, the Defendant in the above referenced case. It is my wish and desire that all charges in relation to these matters be dismissed, that there be no further action taken thereon and I do not intend to pursue the prosecution of said Defendant.
Signing a document with false statements can lead to charges of perjury. Affiant is of sound mind. When you sign an affidavit, you are saying the information provided is true to the best of your personal knowledge. Therefore, the person signing needs to have the mental capacity to understand what they are signing.
If the alleged victim wishes to drop the charges and sign an affidavit of non-prosecution, the best practice is to have the victim represented by her own attorney or to have the defendant's attorney (or their investigator) assist with preparing the affidavit.
Some criminal cases brought to a prosecutor might not result in criminal charges being filed. A prosecutor may decline to proceed with a case for various reasons, such as insufficient evidence, an uncooperative witness, or a violation of the suspect's constitutional rights.
Most affidavits of non-prosecution simply state what the alleged victim's wishes are and do not discuss the facts of the case (as discussed below, depending on the facts of an assault case, a truthful statement from the alleged victim may be more effective than a typical affidavit of non-prosecution).
How to Write an Affidavit Step 1: Writing the Title of the Affidavit. Step 2: Providing Personal Background Information. Step 3: Opening Sentence in First Person Tense. Step 4: Stating the Facts of the Case. Step 5: Including One Fact Per Paragraph. Step 6: Including Exhibits. Step 7: Confirming the Truth.
Describe the facts and information that you have firsthand knowledge of. Be as detailed and specific as possible, and make sure that your statements are truthful and accurate. Sign and date the affidavit, and have it notarized by a licensed notary public. The notary will verify your identity and witness your signature.
The following are six critical sections that must be included: Title. This is either your name (“Affidavit of Jane Doe”) or the specific case information. Statement of identity. The next paragraph tells the court about yourself. Statement of truth. Statement of facts. Closing statement of truth. Sign and notarize.
Key Elements of an Affidavit Statement of Facts: Affidavits must include statements of facts based on the personal knowledge of the affiant (the person making the statement). Oath or Affirmation: Affiants swear an oath or affirmation in front of an authorized official, typically a notary public, ensuring honesty.
