How to file an affidavit of non prosecution in Texas? Non-Prosecution in the matter of the State of Texas vs.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. This document allows victims to voice their desire not to press charges, potentially relieving them from drawnout court procedures. BEFORE ME, the undersigned authority, on this day personally appeared ENTER YOUR NAME, who swore on oath as follows: My name is YOUR NAME AGAIN. How To Fill Out An Affidavit Of Non Prosecution. If you have been arrested in Texas, an affidavit of non-prosecution form can be highly beneficial to your case.