This form is a general affidavit. Affiant maintains that his/her statements are made upon affirmation of belief and personal knowledge that certain facts and matters set forth in the document are correct and true.
Affidavit For Non Prosecution In San Jose
Category:
State:
Multi-State
City:
San Jose
Control #:
US-00407
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
What is the opposite of prosecution? acquittalabsolution exoneration praise exculpation
Statement of Intent: Write a clear statement indicating the desire not to pursue charges. This declaration should express the victim's decision unequivocally. Signature: The victim must sign the affidavit to validate the document. Include the date next to the signature.
Impact on Criminal Cases Prosecutors assess the affidavit alongside case details, evaluating factors such as evidence strength, severity of charges, and public interest. For example, in cases with substantial evidence, prosecutors might still pursue charges despite the victim's withdrawal.
Why the Prosecutor Might Enter a “Nolle Prosse”? the successful completion of a pre-trial diversion program; realizing that insufficient evidence supports the charges; finding out a witness is unavailable or waivers; or. learning that the witness filed a request not to prosecute.
Non-prosecution affidavits are effective in several key circumstances: Victim Cooperation: When victims do not want to proceed with charges, a non-prosecution affidavit can reflect their wishes, influencing a prosecutor's decision.
When the court feels that there has been a lack of progress in the case, they may issue a dismissal for want of prosecution. This essentially means that the plaintiff (the person who initiated the suit) has done nothing to move the case forward in a timely manner.
Reasons for this choice often include personal relationships, a desire to protect the individual from criminal prosecution, or the impact of legal processes on their lives.
More info
There isn't always a form to fill out. You can contact their office and make sure they know your wishes.For access to Self Help Center form packets visit Complete Forms at Home. On this page below is a list of LOCAL forms that can be completed online and then printed. The form you need may be in this list. An affidavit of nonprosecution is available from the prosecuting attorney normally in domestic violence cases. 70 West Hedding Street San Jose, CA 95110. To do that, Victim Advocates can help you fill out the proper forms. I asked the DA if I could file an affidavit of non prosecution and he said no. Visit the Permits Unit page for a complete list of available Online Permits and Downloadable Forms.
