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?Explore the affidavit of nonprosecution, its legal implications, and potential future developments in criminal cases. This affidavit is a sworn statement, which is punishable under penalty of perjury if there are falsehoods or lies contained in the affidavit. Its a typed statement signed and sworn in front of other people (usually notaries) that CAN be used in lieu of testimony from the person. And I am 18 years of age or older. The Affidavit of Non Prosecution holds a pivotal place in the realm of criminal justice. For the document to qualify as an affidavit of nonprosecution, the victim must request the prosecutor to drop the charges. I asked the DA if I could file an affidavit of non prosecution and he said no. The waiver does not guarantee the case will be dismissed but simply adds another piece to the case.