How to file an affidavit of non prosecution in Texas? Non-Prosecution in the matter of the State of Texas vs.I intend for this document to serve as my Affidavit for Non-Prosecution in the matter of the State of Texas v. Yes you can sign a declination no matter what happens. However, the prosecutor can ignore it and continue to 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.