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To file an affidavit of non-prosecution in Texas, the alleged victim must contact the appropriate District Attorney's Office or contact a private attorney who can file it on their behalf.
Overview for Affidavits of Non-prosecution The prosecutor of an assault case can provide a generic affidavit for an alleged victim to complete that states he or she wants the case to be dismissed. Prosecutors seek affidavits of non-prosecution to bolster their cases for requesting the dismissal of assault charges.
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.
Filing an affidavit of non-prosecution tells them in advance that this victim most likely is not going to be on their side and that they are going to have to prove this case without them.
How to write an affidavit. 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.