How to file an affidavit of non prosecution in Texas? Non-Prosecution in the matter of the State of Texas vs.AFFIDAVIT FOR NON-PROSECUTION. The affidavit contains usually a simple statement from the alleged victim. Is your loved one in jail? Get an Affidavit of Non-Prosecution in Texas notarized ASAP. 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. In general, Texas has very few official legal forms. This is why you will not always find a free fill-in-the-blank form for your situation.