Affidavit Of Non Prosecution Form Template for the United States

When you need to formally communicate your decision about pursuing criminal charges against someone, an Affidavit Of Non Prosecution Form provides the legal framework to document that choice. This sworn statement serves as official notice to law enforcement, prosecutors, and the court system that you, as the complainant or victim, are stating whether you wish to cooperate with or continue criminal proceedings against the accused defendant.

What is an affidavit of non prosecution?

An affidavit of non prosecution is a notarized statement in which the person who reported an incident declares that they do not want the defendant prosecuted. It records the incident number or case reference, the county and court involved, the names of the parties, and a clear request that charges not move forward. The document does not drop the case by itself. It gives the prosecutor written evidence of your position, which they weigh alongside the offense, any risk to public safety, and state law.

When do you need this document?

You might need an Affidavit Of Non Prosecution Form in several situations. If you've resolved your dispute privately with the accused party and no longer wish to pursue legal action, this document formalizes your position. When family disputes or domestic situations have been reconciled and you want to halt criminal proceedings, the affidavit communicates your wishes to authorities. You may also need this form if you believe the incident was a misunderstanding, if you lack evidence to support the charges, or if pursuing prosecution would cause more harm than benefit to your situation. Common reasons people file include reconciliation with the defendant, a wish to avoid a conviction for a first-time misdemeanor offense, or the belief that continued proceedings serve no one.

Does an affidavit mean the charges are dropped?

No. Filing the affidavit is a request, not a guarantee. The prosecutor keeps discretion to continue with a criminal case even without your cooperation, and this is common in assault, violence, and other cases that involve public safety. In many states the county court will still decide whether to proceed, and a judge may keep a no-contact or protective order in place to protect the person who reported the incident. The affidavit tells the district attorney's office how you feel; it does not bind them.

How the affidavit works in Texas

Texas uses these affidavits often, and the state has its own conventions. In Texas a common reason for filing is a family violence charge where the complainant and defendant have reconciled. Even so, a Texas prosecutor can move forward on the state's own evidence, such as a 911 call recording, photographs, or officer testimony, without the complainant's cooperation. The affidavit is one factor the district attorney weighs, and in family violence cases many Texas counties keep protective conditions in place regardless of what the affidavit says. Requirements for format and notarization can differ from one Texas county to the next.

What information does the form need?

To be valid, the affidavit must include specific elements:

• Your full legal name and contact details as the complainant or victim
• The defendant's name and, where known, the case or incident number and county
• An accurate description of the original incident and the parties involved
• A clear statement of whether you wish to prosecute, and your explicit request not to pursue charges
• The reasons for your request, such as reconciliation or a belief that the matter is resolved
• Confirmation that you are making the declaration voluntarily and free from coercion
• Your signature witnessed and sworn before a licensed notary public

Key legal considerations

Before completing this document, understand that your affidavit does not guarantee that charges will be dropped. Prosecutors maintain discretionary power to continue with criminal cases even without your cooperation, especially in serious crimes or cases involving public safety concerns. False statements in the affidavit can result in perjury charges, so accuracy is crucial. Signing this document may also affect any future civil proceedings you might want to pursue related to the same incident, so make sure the facts you state are complete and correct. For a related document that records a sworn statement of facts, see the affidavit template.

Legal requirements in United States

United States jurisdictions have varying requirements for Affidavit Of Non Prosecution Forms, with each state maintaining specific standards for format, content, and execution. Most states require notarization by a licensed notary public, proper witness signatures, and adherence to state-specific affidavit formatting rules. Federal guidelines under 28 U.S.C. 1746 may apply if the case has federal jurisdiction, allowing for unsworn declarations in certain circumstances. Your document must comply with state criminal procedure codes and victim's rights laws in your jurisdiction. Some states have mandatory waiting periods before such affidavits can be filed, while others require court approval or prosecutor acknowledgment, and the requirements can differ from one county to the next.