How to file an affidavit of non prosecution in Texas? Non-Prosecution in the matter of the State of Texas vs.I understand I have the right to counsel to advise me before I sign this affidavit. I have exercised that right or am giving up that right. An Affidavit of NonProsecution is a statement from the alleged victim of a crime saying they don't want to press charges. An affidavit of nonprosecution is a sworn document in which the plaintiff expresses their desire not to prosecute the case or participate in the prosecution. Allegheny Casualty Co (Agent Alberto J De La Chica Jr DBA La Chica II Bail Bonds) v. State of Texas--Appeal from 168th District Court of El Paso County.