And I am 18 years of age or older. Explore the affidavit of nonprosecution, its legal implications, and potential future developments in criminal cases.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? Filling out an affidavit of non-prosecution in Texas is pretty straight-forward. It should state that the victim doesn't want to cooperate or prosecute. 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. There is no set form or format of an affidavit of nonprosecution in Texas. How to file an affidavit of non prosecution in Texas? An affidavit is nothing more than a signed and notarized letter.