Affidavit Of Non Prosecution Form New Mexico In Massachusetts
Description
Form popularity
FAQ
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.
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.
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.
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.
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.
Impact on Criminal Cases Prosecutors assess the affidavit alongside case details, evaluating factors such as evidence strength, severity of charges, and public interest. For example, in cases with substantial evidence, prosecutors might still pursue charges despite the victim's withdrawal.
Non-prosecution affidavits are effective in several key circumstances: Victim Cooperation: When victims do not want to proceed with charges, a non-prosecution affidavit can reflect their wishes, influencing a prosecutor's decision.
A failure to prosecute.
Describe the facts and information that you have firsthand knowledge of. Be as detailed and specific as possible, and make sure that your statements are truthful and accurate. Sign and date the affidavit, and have it notarized by a licensed notary public. The notary will verify your identity and witness your signature.
