Arkansas Affidavit by Victim for Dismissal

Q: Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors are supposed to both enforce the law and &quot;do justice.&quot; Doing justice means that a prosecutor occasionally decides not to prosecute a case (or files less severe charges) because the interests of justice require it, even if the facts of the case might support a conviction.

Category:

Criminal - Dismissals

State:

Multi-State

Control #:

US-00837

Format:

Instant download

Description

This form is a sample affidavit from an alleged domestic abuse victim swearing that the accused was under the influence of medication mixed with alcohol at the time of the alleged incident and requesting that because defendant did not know the harm in mixing the substances, he was not conscious of the wrongdoing and the case should be dismissed. Adapt to fit your circumstances.

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FAQ

Prosecutors are supposed to both enforce the law and "do justice." Doing justice means that a prosecutor occasionally decides not to prosecute a case (or files less severe charges) because the interests of justice require it, even if the facts of the case might support a conviction.

This affidavit is a sworn statement, which is punishable under penalty of perjury if there are falsehoods or lies contained in the affidavit, which states basically that the complainant or the alleged victim is requesting that the prosecutors drop the charges or not go forward with the prosecution.

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. The affidavit must be signed under penalty of perjury, attesting that the information provided is true and correct to the best of their knowledge.

An affidavit of non-prosecution serves as a formal declaration by the alleged victim that they do not wish to participate in the prosecution process. This document can be submitted to the prosecutor's office or the court as evidence of the victim's intentions not to cooperate.

Affidavits of Non-Prosecution will put the DA on notice that you want the case dismissed. What this basically means to a DA is that you are more than likely not willing to testify against this individual, and that you are likely not going to be a great witness for the state.

The following are six critical sections that must be included: Title. This is either your name (?Affidavit of Jane Doe?) or the specific case information. Statement of identity. The next paragraph tells the court about yourself. ... Statement of truth. ... Statement of facts. ... Closing statement of truth. ... Sign and notarize.

Grounds on which a prosecutor may decide not to prosecute include the following: - The act is not an offence; the act does not fulfil the essential elements of an offence and the law provides no punishment for it. - No evidence; there is not sufficient evidence of guilt.