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.How to file an affidavit of non prosecution in Texas? 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. Non-Prosecution in the matter of the State of Texas vs. 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. Applicant was convicted of murdering seventeenyearold. Bianca Maldonado Hernandez in the course of committing or.