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 New Mexico In Arizona
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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.
Although affidavits are considered legal documents, anyone can draft one. As long as it is signed, witnessed, and notarized correctly, the affidavit will be valid. This means that you do not need to ask a lawyer to create an affidavit.
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.
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.
An affidavit of non-prosecution is simply a sworn statement (typically notarized) from the victim stating that he or she does not wish to pursue charges and wishes charges against the defendant to be dismissed (here is an example of what an affidavit of non-prosecution looks like).
How to fill out the Request for Waiver of Prosecution Form? Enter your personal information including your name and driver's license number. Provide your current address and phone number. State the reasons for requesting the discontinuation of prosecution. Sign the form in the presence of a notary public.
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There isn't always a form to fill out. You can contact their office and make sure they know your wishes.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? Affidavit for arrest warrant. Download free printable affidavit online for New Mexico State. Also ask if your local court requires a request for hearing form. A domestic abuse organization may be able to provide you with help filling out the form. PTE records must maintain documentation to establish the PTE had reasonable cause for not withholding. The plaintiff may ask the clerk of the court for assistance in obtaining and filling out the Complaint.
