This form is a general affidavit. Affiant maintains that his/her statements are made upon affirmation of belief and personal knowledge that certain facts and matters set forth in the document are correct and true.
Affidavit Of Non Prosecution In Texas In San Antonio
Category:
State:
Multi-State
City:
San Antonio
Control #:
US-00407
Format:
Word;
Rich Text
Instant download
Description
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FAQ
In Texas, for example, the State has 2 years to file charges for Assault-Bodily Injury, 3 years to file charges for many felonies like drug possession, 10 years for more serious felonies, and no time limitation with , among other offenses.
In Texas, a person may press charges without proof as long as they have reasonable cause to believe that a criminal act has occurred. However, it is important to note that certain offenses require proof and the consequences of pressing charges without proof can be serious.
Beyond the arrest the D.A.'s office has 90 days in which to indict the case by presenting a case to the grand jury and securing a True Bill. Individuals still in jail beyond 90 days without the presentment of a case to the grand jury must be released on a reduced bond or a personal recognizance bond.
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.
The range is usually from one year for many misdemeanors, three years for many felonies, to no time limit at all for crimes punishable by death or life in prison. If there is no statute of limitations, the prosecutor may bring charges against someone at any time.
What is the statute of limitation for Possession of Controlled Substance in Texas? Misdemeanor level Possession or Delivery of Drug Paraphernalia charges have a two-year limitations period. Felony level offenses have a three-year limitations period.
To file an affidavit of non-prosecution in Texas, the alleged victim must contact the appropriate District Attorney's Office or contact a private attorney who can file it on their behalf.
The procedures for a crime's statute of limitations can be found under the Texas Code of Criminal Procedure under section 12.01. The statute goes on to state that crimes classified as misdemeanors have a statute of limitations of 2 years while felonies have a statute of limitations of up to 3 years.
An affidavit of non-prosecution serves as a formal declaration by the alleged victim that they do not wish to participate in the prosecution process. This document can be submitted to the prosecutor's office or the court as evidence of the victim's intentions not to cooperate. It must be notarized.
