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 intend for this document to serve as my Affidavit for Non-Prosecution in the matter of the State of Texas v. Non-Prosecution in the matter of the State of Texas vs. Unfortunately, there isn't a standardized, universally available "Affidavit of Non-Prosecution Form. Step 1: Get the necessary forms and fill them out.