Filling out an affidavit of non-prosecution in Texas is pretty straight-forward. It should state that the victim doesn't want to cooperate or prosecute.How to file an affidavit of non prosecution in Texas? How do i go about filling out an affidavit of non prosecution? Is there a form i can fill out or a certain wording required? 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. Second thing, you can file and draft an affidavit of non prosecution. There are samples all over the internet. An affidavit of non-prosecution is not a "special" form.