This document allows victims to voice their desire not to press charges, potentially relieving them from drawnout court procedures. Victims can acquire waivers of prosecution from Criminal Defense Attorneys, The state attorney's office or from a Victim Advocate.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? And I am 18 years of age or older. I would either speak to the victim's advocate first, or the actual prosecutor. And let them know just that - that you don't want to see prosecution occur. You'll need to file an official sworn statement in the court file. This affidavit is a sworn statement, which is punishable under penalty of perjury if there are falsehoods or lies contained in the affidavit. This affidavit is a sworn statement, which is punishable under penalty of perjury if there are falsehoods or lies contained in the affidavit.