At this point, you would have to work with the prosecutors to file the affidavit. Affidavits of Non-Prosecution are designed for a victim of a criminal charge to file in the event that they do not want the accused of the crime to be formallyAffidavit for arrest warrant. How to file an affidavit of non prosecution in Texas? 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? Filling out an affidavit of non-prosecution in Texas is pretty straight-forward. It should state that the victim doesn't want to cooperate or prosecute. Only a party either the State or defense can file the affidavit. You or your boyfriend can give it to the public defender or the victims advocate.