New Mexico Affidavit by Victim for Dismissal

State:
Multi-State
Control #:
US-00837
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample affidavit from an alleged domestic abuse victim swearing that the accused was under the influence of medication mixed with alcohol at the time of the alleged incident and requesting that because defendant did not know the harm in mixing the substances, he was not conscious of the wrongdoing and the case should be dismissed. Adapt to fit your circumstances.

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FAQ

Prosecutors seek affidavits of non-prosecution to bolster their cases for requesting the dismissal of assault charges. Affidavits of non-prosecution also protect prosecutors for assault cases that are dismissed and the defendant subsequently commits a serious crime after the court dropped the assault charge.

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.

Grounds on which a prosecutor may decide not to prosecute include the following: - The act is not an offence; the act does not fulfil the essential elements of an offence and the law provides no punishment for it. - No evidence; there is not sufficient evidence of guilt.

prosecution affidavit, often referred to as an affidavit of nonprosecution, is a legally binding sworn document. It is typically filed by the plaintiff in a legal case to formally express their desire to discontinue the prosecution or their participation in the prosecution proceedings.

This affidavit is a sworn statement, which is punishable under penalty of perjury if there are falsehoods or lies contained in the affidavit, which states basically that the complainant or the alleged victim is requesting that the prosecutors drop the charges or not go forward with the prosecution.

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.

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New Mexico Affidavit by Victim for Dismissal