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.How to file an affidavit of non prosecution in Texas? "I want to advise the Court and the District Attorney that I do not wish to pursue charges against. Known as a legal instrument, the Affidavit of Non Prosecution encapsulates an alleged victim's wish to not proceed with criminal charges. Texas Affidavit for Non-Prosecution Example Form. Example of Affidavit of Non-Prosecution domestic violence form for use in Texas assault family violence cases.