And I am 18 years of age or older. Explore the affidavit of nonprosecution, its legal implications, and potential future developments in criminal cases.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? All you can do is tell the place you're not interested in prosecuting. And you would like them not to make the arrest. He must obtain the relevant ANP form from the California court with jurisdiction over the case. I am the person filling out the form but I do not want to have any harm legally myself. This affidavit is a sworn statement, which is punishable under penalty of perjury if there are falsehoods or lies contained in the affidavit. For example, they can indicate that they don't want to be a witness in the case or to be subpoenaed.