How to file an affidavit of non prosecution in Texas? 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. An affidavit of nonprosecution is a sworn document in which the plaintiff expresses their desire not to prosecute the case or participate in the prosecution. Is your loved one in jail? Get an Affidavit of Non-Prosecution in Texas notarized ASAP. Will have to figure out what it is in your state. Brister, Salt Lake City, UT. July 25, 2020. Attorney for Terry Mitchell.