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.How to file an affidavit of non prosecution in Texas? And I am 18 years of age or older. Generally, you can call the District Attorney's office that has filed the charges and indicate to them that you no longer want to pursue the case. File an affidavit of NonProsecution. Focus on the Evidence. 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. 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.