Affidavit Of Non Prosecution Form California In Florida
Description
Form popularity
FAQ
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.
I am the complaining witness against _______________________, the Defendant in the above referenced case. It is my wish and desire that all charges in relation to these matters be dismissed, that there be no further action taken thereon and I do not intend to pursue the prosecution of said Defendant.
An affidavit of non-prosecution is simply a sworn statement (typically notarized) from the victim stating that he or she does not wish to pursue charges and wishes charges against the defendant to be dismissed (here is an example of what an affidavit of non-prosecution looks like).
Some criminal cases brought to a prosecutor might not result in criminal charges being filed. A prosecutor may decline to proceed with a case for various reasons, such as insufficient evidence, an uncooperative witness, or a violation of the suspect's constitutional rights.
Jan. 11 2025. 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.
Although affidavits are considered legal documents, anyone can draft one. As long as it is signed, witnessed, and notarized correctly, the affidavit will be valid. This means that you do not need to ask a lawyer to create an affidavit.
If the alleged victim wishes to drop the charges and sign an affidavit of non-prosecution, the best practice is to have the victim represented by her own attorney or to have the defendant's attorney (or their investigator) assist with preparing the affidavit.
How to Drop Charges Against Someone in Florida? In Florida, a victim cannot unilaterally drop criminal charges. Only the prosecutor has the authority to decide whether to proceed with or dismiss charges. This means that while a victim can request the charges be dropped, the final decision rests with the prosecutor.
Why the Prosecutor Might Enter a “Nolle Prosse”? the successful completion of a pre-trial diversion program; realizing that insufficient evidence supports the charges; finding out a witness is unavailable or waivers; or. learning that the witness filed a request not to prosecute.
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.
