An Affidavit of NonProsecution is a pretty standard form. In fact, a few Texas courts even provide a blank affidavit that you can fill out.How to file an affidavit of non prosecution in Texas? And I am 18 years of age or older. This form contains detailed information that you and your lawyer need in order to more accurately assess the situation and craft an effective defense strategy. 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. 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. Is your loved one in jail? Get an Affidavit of Non-Prosecution in Texas notarized ASAP.