There isn't always a form to fill out. You can contact their office and make sure they know your wishes.Customer: If I filled out an affidavit for non prosecution, do I have to go to court to testify. Lawyer's Assistant: What state are you in? Download free printable affidavit online for New Mexico State. The form you sent me is fine and once all of the Texas information is removed and Maryland is substituted, it would be good to go for filing.