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An affidavit of non-prosecution in Texas is a sworn statement made by an alleged crime victim expressing their desire for the accused not be prosecuted and for charges to be dismissed.
SIGNATURE OF COMPLAINANT: DATE: I CERTIFY THAT I AM THE VICTIM / COMPLAINANT IN THE ABOVE MATTER AND THAT I REQUEST MY INITIAL COMPLAINT BE WITHDRAWN, AS I NO LONGER WISH TO FILE CRIMINAL CHARGES AGAINST THE ABOVE OFFENDER / SUSPECT. BRIEF EXPLANATION / REASON FOR REQUESTING CHARGES BE DROPPED.
I am the complaining witness against _______________________, the Defendant in the above referenced case. It is my wish and desire that all charges in relation to these matters be dismissed, that there be no further action taken thereon and I do not intend to pursue the prosecution of said Defendant.
What is the Purpose of a Texas Affidavit of Non-Prosecution? An affidavit of non-prosecution is a sworn document in which the plaintiff expresses their desire not to prosecute the case or participate in the prosecution.
Lack of Evidence: Sometimes, a victim or witness might believe the evidence is insufficient for a conviction, and the court process would be futile. Emotional Toll: The legal process can be emotionally draining, and some individuals wish to avoid the stress and publicity associated with a trial.
Prosecutors are supposed to both enforce the law and "do justice." Doing justice means that a prosecutor occasionally decides not to prosecute a case (or files less severe charges) because the interests of justice require it, even if the facts of the case might support a conviction.
The following are six critical sections that must be included: Title. This is either your name (?Affidavit of Jane Doe?) or the specific case information. Statement of identity. The next paragraph tells the court about yourself. ... Statement of truth. ... Statement of facts. ... Closing statement of truth. ... Sign and notarize.
The affidavit must be notarized and the notary public must complete all information in Part 4 of the affidavit. If this affidavit is not submitted to document legal name discrepancies in signatures and title assignments, new documents and/or signatures without discrepancies must be obtained.