Filling out an affidavit of non-prosecution in Texas is pretty straight-forward. It should state that the victim doesn't want to cooperate or prosecute.How do i go about filling out an affidavit of non prosecution? Is there a form i can fill out or a certain wording required? How to file an affidavit of non prosecution in Texas? When you submit an affidavit of non prosecution you are giving up your right to any type of compensation or restitution. And I am 18 years of age or older. Out of state party declaration texas. Court: Court of Criminal Appeals of Texas.