Non Prosecution Affidavit Guide

Non Prosecution Affidavit Guide – This comprehensive guide explains non-prosecution affidavits (also called affidavits of non-prosecution or ANPs) for U.S. residents facing criminal charges, particularly in assault, domestic violence, or family offense cases. It covers definitions, processes, limitations, and practical steps. Important disclaimer: This article is for informational purposes only and is not legal advice. Criminal laws and procedures vary significantly by state and jurisdiction. A non-prosecution affidavit does not guarantee any outcome. Always consult a qualified criminal defense attorney in your state before taking any action.

What Is a Non-Prosecution Affidavit?

A non-prosecution affidavit is a sworn, notarized written statement made by the alleged victim (or complaining witness) in a criminal case. In it, the victim formally declares that they do not wish to pursue charges against the accused and do not want the case to proceed.

The document typically includes:

  • The victim’s personal details and relationship to the defendant.
  • The specific case or cause number.
  • A clear statement requesting dismissal of all charges.
  • Confirmation that the decision is voluntary and free from coercion.
  • An acknowledgment of potential perjury consequences for false statements.

In Texas — where the term “Affidavit of Non-Prosecution” (ANP) is most commonly used — it is a formal tool victims use to communicate their wishes to prosecutors. Similar victim statements exist in other states (sometimes called a “statement of non-prosecution” or “decline to prosecute” form), but they are not uniformly named or formatted nationwide.

Common Scenarios Where Non-Prosecution Affidavits Are Used?

Non-prosecution affidavits most frequently appear in:

  • Domestic or family violence cases (misdemeanor or felony assault).
  • Simple assault or battery involving acquaintances or relatives.
  • Theft or property crimes where restitution has been made and the victim wants to move forward.

They are common when parties have reconciled, the victim believes the initial report was exaggerated, or continued prosecution would harm family relationships or shared children. Prosecutors often view these affidavits in interpersonal cases where victim cooperation is key to proving the case beyond a reasonable doubt.

Does a Non-Prosecution Affidavit Guarantee Charges Will Be Dropped?

No. Prosecutors in every U.S. state retain full discretion to continue a case even after receiving a non-prosecution affidavit. The document is persuasive evidence that the victim will not cooperate or testify, but it is not binding.

Prosecutors weigh many factors, including:

  • Severity of the alleged offense and any injuries.
  • Defendant’s criminal history.
  • Strength of independent evidence (911 calls, body-camera footage, medical records, or third-party witnesses).
  • Public safety concerns, especially in domestic violence matters.

In Texas, for example, the Texas Criminal Practice Guide explicitly states that “the prosecution is not obligated to dismiss the case merely because the affidavit is executed.” Similar rules apply nationwide.

Step-by-Step Guide: How to Create and File a Non-Prosecution Affidavit?

  1. Consult an Attorney First — A criminal defense lawyer can draft or review the affidavit to ensure it is effective and does not inadvertently harm the case.
  2. Gather Case Information — Include the defendant’s name, cause/case number, court, and charge description.
  3. Draft the Statement — Use clear, factual language. State your desire for dismissal and your unwillingness to testify. Avoid re-litigating facts unless advised by counsel.
  4. Notarize the Document — Most jurisdictions require a notary public. Some county DA offices provide notaries or require in-person review.
  5. Submit the Affidavit — Deliver it to the District Attorney’s office handling the case (often in person or through counsel). In Texas counties like Tarrant County, scheduling an appointment with an Assistant District Attorney is recommended.
  6. Follow Up — The prosecutor will review it and may contact you to confirm voluntariness.

Sample Non-Prosecution Affidavit Template (Texas Example)

This is an illustrative example only based on publicly available Texas county forms. Do not copy and use it verbatim. Customize with the help of an attorney and have it notarized.

STATE OF TEXAS
COUNTY OF ___

AFFIDAVIT OF NON-PROSECUTION

My name is __ (First, Middle, Last). I am at least 18 years of age, of sound mind, and fully able to make this statement.

I am the complaining witness against the Defendant in the following case:
State of Texas vs. __
Cause Number(s): __
Defendant is charged with: __

I would like all charges related to this matter to be dropped, and for no further action to be taken. I do not plan to pursue charges against the Defendant. I also do not want to appear as a witness against the Defendant before the Grand Jury or in court, and I ask not to be subpoenaed to do so.

I am signing this affidavit voluntarily, without any form of coercion or pressure. I am not making this Affidavit to block justice, nor have I been promised anything in exchange for completing this affidavit.

Signed this day of ___, 20___.

(Signature of Affiant)

Sworn to and subscribed before me on this day of ___, 20_, by __.

Notary Public, State of Texas
My commission expires: ___

Official fillable forms are available on some Texas DA websites (e.g., Tarrant County).

State-by-State Variations in the US

  • Texas — Most formalized process with official ANP forms and dedicated DA procedures.
  • Washington, D.C. — No standardized form, but a notarized statement including case details and voluntary intent is commonly accepted by the U.S. Attorney’s Office.
  • Florida — Prosecutors (State Attorneys) decide; a victim statement of non-prosecution is considered but rarely results in automatic dismissal.
  • California, New York, and most other states — No uniform “non-prosecution affidavit” form; victims may submit letters or statements, but prosecutorial discretion remains absolute.

Always verify procedures with the specific county District Attorney’s office or a local attorney.

Risks and Important Considerations Before Filing

  • Perjury risk — False statements can lead to criminal charges.
  • Coercion scrutiny — Prosecutors may investigate whether the victim was pressured.
  • Impact on future cases — Filing may affect credibility if the victim later changes their mind.
  • No guarantee of dismissal — Strong evidence can still lead to conviction without victim testimony.

Frequently Asked Questions About Non-Prosecution Affidavits

Can I file a non-prosecution affidavit myself?
Yes, but working with a defense attorney improves effectiveness and protects your rights.

How long does it take for prosecutors to respond?
It varies by jurisdiction and caseload — weeks to months are common.

Will the defendant automatically be released?
No. Only the prosecutor or court can dismiss charges.

Is there a fee?
Notarization may have a small fee; attorney assistance is separate.

A non-prosecution affidavit can be a helpful tool in appropriate cases, but it is only one piece of a larger strategy. Success depends on jurisdiction, case facts, and prosecutorial discretion. For the best outcome in 2026 and beyond, contact an experienced criminal defense attorney in your state immediately. They can evaluate your specific situation, draft appropriate documents, and advocate on your behalf with the prosecutor’s office.

If you or a loved one needs guidance on a pending criminal matter involving a potential non-prosecution affidavit, consult a licensed attorney in your jurisdiction today. Laws change, and professional advice tailored to your facts is essential.