Explore the affidavit of nonprosecution, its legal implications, and potential future developments in criminal cases. Please be advised that the forms detailed below are intended to be a guide and as such do not address every possible situation.How to file an affidavit of non prosecution in Texas? 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 simply a sworn statement (typically notarized) from the victim stating that he or she does not wish to pursue charges. As far as filing an affidavit for non prosecution, there really isn't any way to file such an affidavit. 1. Provide your name and employment details. Austin Criminal Defense Attorney Charlie Roadman explains the concept of a non-prosecution affidavit in criminal cases. This form contains crucial information that you and your lawyer need to assess your situation and develop a defense strategy.