And I am 18 years of age or older. Filling out an affidavit of non-prosecution in Texas is pretty straight-forward.It should state that the victim doesn't want to cooperate or prosecute. Many forms in Texas are not available in a fillintheblank format. How to file an affidavit of non prosecution in Texas? Non-Prosecution refers to the function or purpose of the affidavit. This form contains detailed information that you and your lawyer need in order to more accurately assess the situation and craft an effective defense strategy. I have learned enough in my almost three years of prosecuting misdemeanors to identify those cases I will see on the trial docket as opposed to the plea docket. " The criminal defense attorney is also permitted to speak with the alleged victim about the allegations. I have not been coerced or pressured in any manner to provide this statement.