An affidavit is nothing more than a signed and notarized letter. Generally, you can call the District Attorney's office that has filed the charges and indicate to them that you no longer want to pursue the case.When you submit an affidavit of non prosecution you are giving up your right to any type of compensation or restitution. Explore the affidavit of nonprosecution, its legal implications, and potential future developments in criminal cases. I asked the DA if I could file an affidavit of non prosecution and he said no. An affidavit of non-prosecution is not a "special" form. I called the cops on my boyfriend. What happens if I don't testify in court? If found guilty, Lewis could face up to six years in prison on a Level 5 felony. Lewis had a pre-trial hearing on Tuesday morning.