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Affidavits of Non-Prosecution will put the DA on notice that you want the case dismissed. What this basically means to a DA is that you are more than likely not willing to testify against this individual, and that you are likely not going to be a great witness for the state.
An affidavit of non-prosecution from the alleged victim is generally a signed and notarized statement from the alleged victim. The statement may say that the alleged victim doesn't want the charges pursued. It may or may not say that the defendant assaulted the victim.
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.
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.
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.
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.
An affidavit of loss is a sworn statement attesting to the loss of a significant document. This sworn statement is generally used to establish the fact that the document has been lost and is no longer in the possession of the owner, either through misplacement, theft, or other means.