Affidavit for arrest warrant. Customer: If I filled out an affidavit for non prosecution, do I have to go to court to testify.Lawyer's Assistant: What state are you in? There isn't always a form to fill out. You can contact their office and make sure they know your wishes. Explore the extensive forms and files library for all your needs. Find the right documents quickly and easily. Explore the affidavit of nonprosecution, its legal implications, and potential future developments in criminal cases. 3 If you are unable to pay, you must complete an Application for Free Process and Affidavit of Indigency.