Customer: If I filled out an affidavit for non prosecution, do I have to go to court to testify. Lawyer's Assistant: What state are you in?There isn't always a form to fill out. You can contact their office and make sure they know your wishes. Affidavits. Find affidavits forms which are often required when swearing or affirming action in different case types. New Mexico Court Forms 4-202. Can I sign an affidavit of non prosecution or request the charges be dropped? No, you cannot drop charges. A Guide to Creating New Mexico Affidavit.