How to file an affidavit of non prosecution in Texas? Non-Prosecution in the matter of the State of Texas vs.Where do I get a affidavit of non prosecution to sign to use in court ? Do I contact the da office or do I make the file myself. I understand I have the right to counsel to advise me before I sign this affidavit. I have exercised that right or am giving up that right. 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. There are many free or lowcost legal service options for residents in the Gold Country. The main options are through legal assistance programs.