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.
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.
Most affidavits of non-prosecution simply state what the alleged victim's wishes are and do not discuss the facts of the case (as discussed below, depending on the facts of an assault case, a truthful statement from the alleged victim may be more effective than a typical affidavit of non-prosecution).
To fill out the Request for Waiver of Prosecution form, provide your personal information, state the reasons for your request, and get the form notarized. Make sure to include all required information and sign the form before submitting it.
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.
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.
Signing a document with false statements can lead to charges of perjury. Affiant is of sound mind. When you sign an affidavit, you are saying the information provided is true to the best of your personal knowledge. Therefore, the person signing needs to have the mental capacity to understand what they are signing.
A failure to prosecute.
An affidavit of non-prosecution is a sworn, notarized statement from a victim requesting that charges against a defendant be dismissed. An affidavit of non-prosecution is a legal statement where the victim or witness of a crime formally declares they don't want to press charges against the accused.
If you're hoping to have charges dropped before your court date, there are specific actions you can take with the guidance of a skilled defense lawyer. While there's no guaranteed method, here are the most effective approaches: Presenting evidence to challenge the charges. Filing affidavits of non-prosecution.