Affidavit for arrest warrant. Customer: If I filled out an affidavit for non prosecution, do I have to go to court to testify.Lawyer's Assistant: What state are you in? Explore the extensive forms and files library for all your needs. Find the right documents quickly and easily. Only a party either the State or defense can file the affidavit. You or your boyfriend can give it to the public defender or the victims advocate. There isn't always a form to fill out. You can contact their office and make sure they know your wishes.