Some circumstances particular to the accused, such as extreme youth, advanced age, or mental or physical impairment, may suggest that prosecution is not the most appropriate response to his/her offense; other circumstances, such as the fact that the accused occupied a position of trust or responsibility which he/she ...
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.
Jan. 11 2025. Facing criminal charges in Florida can be a daunting experience, but there's a legal term you should know that could bring your case to a halt: “nolle prosequi.” This Latin phrase, meaning “not to wish to prosecute,” signifies the prosecutor's decision to voluntarily drop the charges against you.
It's called Prosecutorial Discretion. A prosecutor can decide not to prosecute a case because it's too weak and the state will lose or because there is limited time on the docket and more important cases to prosecute. Sometimes a prosecutor will simply decide that he does not agree with a law and refuse to enforce it.
Illegally obtained evidence, such as from unlawful searches, is not admissible in court and may result in dismissal. Lost or destroyed evidence weakens the prosecution's case and can lead to a case being dropped. Unavailable witnesses can prevent the prosecution from proving key elements of the alleged crime.
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.
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.
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.
In Texas, you may use a general affidavit form to compile your statement so long as you include the details pertinent to the reason you need an affidavit. You must also have the document notarized.
Non-prosecution affidavits are effective in several key circumstances: Victim Cooperation: When victims do not want to proceed with charges, a non-prosecution affidavit can reflect their wishes, influencing a prosecutor's decision.