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?Explore the affidavit of nonprosecution, its legal implications, and potential future developments in criminal cases. Additional Judicial Council Forms can be found on the California Courts website. Please select from the categories below. How to file an affidavit of non prosecution in Texas? The victim may present an Affidavit of Non-Prosecution detailing the reasons he or she does not want the case to proceed. 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.