How to file an affidavit of non prosecution in Texas? The answer to your question is no, the state will not accept such an affidavit.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. This document allows victims to voice their desire not to press charges, potentially relieving them from drawnout court procedures. 112, Statutes of Nevada 1869. Except as otherwise provided in NRS 50.315 and 50.320, the affidavit or declaration must be admitted into evidence at the trial. 2. I certify that my answers in Section B are true, correct, and complete. I have read and understand the Notices, Instructions, and Definitions onATF.