Explore the affidavit of nonprosecution, its legal implications, and potential future developments in criminal cases. 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? And I am 18 years of age or older. All you can do is tell the place you're not interested in prosecuting. And you would like them not to make the arrest. 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 simply a sworn statement (typically notarized) from the victim stating that he or she does not wish to pursue charges. I understand that you need an affidavit of nonprosecution drawn up.