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. They are allowed discretion in. We followed up with the United States Attorney. Is Justice Being Priced Out of the Common Man's Reach?