Statement of Intent: Write a clear statement indicating the desire not to pursue charges. This declaration should express the victim's decision unequivocally. Signature: The victim must sign the affidavit to validate the document. Include the date next to the signature.
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.
Non-prosecution affidavits are effective in several key circumstances: Victim Cooperation: When victims do not want to proceed with charges, a non-prosecution affidavit can reflect their wishes, influencing a prosecutor's decision.
Impact on Criminal Cases Prosecutors assess the affidavit alongside case details, evaluating factors such as evidence strength, severity of charges, and public interest. For example, in cases with substantial evidence, prosecutors might still pursue charges despite the victim's withdrawal.
Victims can acquire waivers of prosecution from Criminal Defense Attorneys, The state attorney's office or from a Victim Advocate. The waiver does not guarantee the case will be dismissed but simply adds another piece to the case. There are many reasons to fill out a waiver.
Affidavits must include specific elements. These are the affiant's (person making the statement) name, a statement of facts, a certification of truth, and the affiant's signature. Each affidavit ends with a jurat, a clause that states the document was sworn before an authorized person.
Facing criminal charges in Florida can be a daunting experience, but there's a legal term you should know that could bring your case to a halt: “nolle prosequi.” This Latin phrase, meaning “not to wish to prosecute,” signifies the prosecutor's decision to voluntarily drop the charges against you. Meltzer & Bell, P.A.
SIGNATURE OF COMPLAINANT: DATE: I CERTIFY THAT I AM THE VICTIM / COMPLAINANT IN THE ABOVE MATTER AND THAT I REQUEST MY INITIAL COMPLAINT BE WITHDRAWN, AS I NO LONGER WISH TO FILE CRIMINAL CHARGES AGAINST THE ABOVE OFFENDER / SUSPECT. BRIEF EXPLANATION / REASON FOR REQUESTING CHARGES BE DROPPED.