There isn't always a form to fill out. You can contact their office and make sure they know your wishes.A variety of factors are taken into consideration when deciding whether to honor a complainant's request not to proceed with a prosecution. Explore the affidavit of nonprosecution, its legal implications, and potential future developments in criminal cases. How to file an affidavit of non prosecution in Texas? You can ask that your boyfriend not be prosecuted but the police doesn't have to honor your request. You can also file a non prosecution affidavit. 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.