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? And I am 18 years of age or older. You will need to contact the Assistant District Attorney in charge of his cases. He or she will have the ANP (affidavit of non-prosecution) to sign. Second thing, you can file and draft an affidavit of non prosecution. There are samples all over the internet. 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. I understand I have the right to counsel to advise me before I sign this affidavit.