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? 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 sworn document in which the plaintiff expresses their desire not to prosecute the case or participate in the prosecution. The forms and documents available on this web site are listed below. In general, Texas has very few official legal forms. This is why you will not always find a free fill-in-the-blank form for your situation.