How to file an affidavit of non prosecution in Texas? How do i go about filling out an affidavit of non prosecution?Is there a form i can fill out or a certain wording required? Non-Prosecution in the matter of the State of Texas vs. I would either speak to the victim's advocate first, or the actual prosecutor. And let them know just that - that you don't want to see prosecution occur. I intend for this document to serve as my Affidavit for Non-Prosecution in the matter of the State of Texas v.