Non-Prosecution in the matter of the State of Texas vs. How do you file an affidavit for non prosecution in pa?My mom's boyfriend and I got into a verbal altercation he picked. 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. 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. How to file an affidavit of non prosecution in Texas?