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? And I am 18 years of age or older. How to file an affidavit of non prosecution in Texas? You will need to contact the Assistant District Attorney in charge of his cases. He or she will have the ANP (affidavit of non-prosecution) to sign. Explore the extensive forms and files library for all your needs. Find the right documents quickly and easily. An affidavit of nonprosecution accusing can help a witness looking to avoid a trial.