How to File an Affidavit of Non Prosecution. Step-by-Step Guide to Filing; Necessary Legal Documentation and Information.You will likely not get in trouble. Even if your statement in the affidavit of non-prosecution conflicts with what you reported to police. How to file an affidavit of non prosecution in Texas? I asked the DA if I could file an affidavit of non prosecution and he said no. 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. You file an affidavit of prosecution when you do not wish to cooperate with the prosecutor and you're asking the prosecutor to drop charges. By clicking on the link you can print out the Local Form for use at the Courthouse. An affidavit of nonprosecution is available from the prosecuting attorney normally in domestic violence cases.