Signing a document with false statements can lead to charges of perjury. Affiant is of sound mind. When you sign an affidavit, you are saying the information provided is true to the best of your personal knowledge. Therefore, the person signing needs to have the mental capacity to understand what they are signing.
How to fill out the Request for Waiver of Prosecution Form? Enter your personal information including your name and driver's license number. Provide your current address and phone number. State the reasons for requesting the discontinuation of prosecution. Sign the form in the presence of a notary public.
Insufficient Evidence If the prosecutor doesn't have enough proof to show you committed the crime, they may decide to drop the charges. Pushing forward with a case that lacks solid evidence could risk an acquittal, so prosecutors often end weak cases to avoid wasting time and resources.
To fill out the Request for Waiver of Prosecution form, provide your personal information, state the reasons for your request, and get the form notarized. Make sure to include all required information and sign the form before submitting it.
Jan. 11 2025. Facing criminal charges in Florida can be a daunting experience, but there's a legal term you should know that could bring your case to a halt: “nolle prosequi.” This Latin phrase, meaning “not to wish to prosecute,” signifies the prosecutor's decision to voluntarily drop the charges against you.
If the alleged victim wishes to drop the charges and sign an affidavit of non-prosecution, the best practice is to have the victim represented by her own attorney or to have the defendant's attorney (or their investigator) assist with preparing the affidavit.
I am the complaining witness against _______________________, the Defendant in the above referenced case. It is my wish and desire that all charges in relation to these matters be dismissed, that there be no further action taken thereon and I do not intend to pursue the prosecution of said Defendant.
Introduce yourself and the case: Start by identifying yourself, how you're related to the case, and which case you're referring to (include the case number if applicable). State your request: Communicate your desire to have the charges dropped. This should be a simple, straightforward statement.
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.
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.