This form is a general affidavit. Affiant maintains that his/her statements are made upon affirmation of belief and personal knowledge that certain facts and matters set forth in the document are correct and true.
Affidavit Of Non Prosecution In California In Michigan
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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).
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.
Common Charges That May Be Dropped Before Court While prosecutors are not required to dismiss any case early, there are certain offenses that are more commonly dropped during the pre-filing stage — especially when a defense attorney gets involved quickly.
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.
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.
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.
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.
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.
Statement of Intent: Write a clear statement indicating the desire not to pursue charges. This declaration should express the victim's decision unequivocally. Signature: The victim must sign the affidavit to validate the document. Include the date next to the signature.
