How to file an affidavit of non prosecution in Texas? Non-Prosecution in the matter of the State of Texas vs.I understand I have the right to counsel to advise me before I sign this affidavit. I have exercised that right or am giving up that right. An Affidavit of NonProsecution is a pretty standard form. In fact, a few Texas courts even provide a blank affidavit that you can fill out. BEFORE ME, the undersigned authority, on this day personally appeared ENTER YOUR NAME, who swore on oath as follows: My name is YOUR NAME AGAIN. Is your loved one in jail? Get an Affidavit of Non-Prosecution in Texas notarized ASAP. This form contains detailed information that you and your lawyer need in order to more accurately assess the situation and craft an effective defense strategy.