To file an affidavit of non-prosecution in Texas, you complete a sworn form identifying yourself as the complaining witness, sign it in front of a notary, and deliver it to the prosecutor’s office handling the case. The document tells the prosecutor you do not want the defendant charged, but it is a request, not a decision. Criminal cases are prosecuted by the State of Texas, and the prosecutor can move forward regardless of your wishes.1Tarrant County. Affidavit of Non-Prosecution – Tarrant County
What to Gather First
Before you sit down with the form, pull together the defendant’s full legal name, the cause number assigned to the criminal case, and the date and location of the alleged offense.1Tarrant County. Affidavit of Non-Prosecution – Tarrant County The cause number appears on any paperwork you received from the police or the court. If you have lost it, call the county or district clerk’s office in the county where the charges were filed and they can look it up.
Blank forms are available on many county and district attorney websites. Tarrant County, for example, publishes a fillable PDF on its law library page. There is no single statewide form, so the layout varies by county, but every version asks for the same core information: the case details, your identity as the complaining witness, and a statement that you are signing voluntarily. If you cannot find a form for your county online, call the prosecutor’s office and ask for one.
Filling Out and Notarizing the Form
Complete every field. The voluntariness statement is the part prosecutors read most closely. You affirm that nobody threatened, coerced, or paid you to sign.1Tarrant County. Affidavit of Non-Prosecution – Tarrant County Any hint of outside pressure will raise questions about whether the affidavit reflects your real position.
Do not sign the form until you are physically in front of a notary public. The notary verifies your identity using a current, non-expired government-issued photo ID such as a driver’s license or passport.2Office of the Texas Secretary of State. Frequently Asked Questions for Notaries Public If you do not have acceptable photo ID, a credible witness who personally knows both you and the notary can vouch for your identity. The notary then watches you sign and applies their own signature and seal.
Under Texas law, a notary can charge up to $10 for administering an oath or affirmation with a certificate and seal.3State of Texas. Texas Code Government Code 406.024 – Fees Charged by Notary Banks, credit unions, shipping stores, and some courthouses offer notary services. An affidavit that is not notarized will be rejected.
Where to File It
The notarized affidavit goes to the prosecutor’s office handling the case. In many Texas counties, the county attorney handles misdemeanors and the district attorney handles felonies. Some counties combine both into a single criminal district attorney’s office. If you are unsure, call the clerk’s office in the county where the charge was filed and ask who is prosecuting.
You can hand-deliver the affidavit, which gets it on record immediately, or mail it. If you mail it, use certified mail with return receipt requested so you have proof of delivery. Keep a copy of the signed and notarized document for yourself. Once the office receives it, the affidavit is added to the case file, but do not expect an immediate response, especially in busy urban counties.
What the Prosecutor Does With It
Filing the affidavit does not end the case. Because the state prosecutes, not the victim, the prosecutor independently decides whether to continue, reduce charges, or dismiss. Your request is one factor. It carries the most weight in minor offenses where you are the only real evidence. In cases with strong independent evidence such as 911 recordings, body camera footage, photographs, or medical records, your wishes may matter very little, and prosecutors do take cases to trial over a victim’s objection. The affidavit also does not stop the state from subpoenaing you to testify.
Family Violence Cases Are Treated Differently
If the charge involves family violence, an affidavit of non-prosecution is far less likely to result in dismissal. Many Texas prosecutor offices follow a “no-drop” policy for domestic violence cases, meaning they commit to pursuing charges even when the victim asks them to stop.4Office of Justice Programs. No-Drop Policies in the Prosecution of Domestic Violence Cases Prosecutors have long recognized that abusers pressure victims into recanting, so they treat these cases as driven by the strength of independent evidence rather than the victim’s current position. Filing the affidavit is not pointless, and the prosecutor will note your wishes, but do not expect the case to be dismissed on the strength of the document alone.
Legal Risks Before You Sign
False Statements
The affidavit is sworn, so everything in it must be truthful. Lying in a sworn affidavit can be charged as perjury, a Class A misdemeanor punishable by up to a year in jail and a fine of up to $4,000.5State of Texas. Texas Code Penal Code 37.02 – Perjury If the false statement is material to an official proceeding, the charge escalates to aggravated perjury, a third-degree felony carrying two to ten years in prison.6State of Texas. Texas Penal Code 37.03 – Aggravated Perjury The most common trap is the voluntariness clause: swearing nobody pressured you when someone did is a false statement under oath.
Pressure From Someone Else
Anyone who pressures, threatens, or bribes you into signing an affidavit of non-prosecution commits witness tampering, a third-degree felony in Texas.7State of Texas. Texas Code Penal 36.05 – Tampering with a Witness If you are being pressured to sign, contact law enforcement or a victim advocacy organization rather than filing under duress.
Use of the Affidavit in Court
Once filed, the affidavit is part of the case record. If the prosecutor proceeds and you are called to testify, the affidavit and any statements you made during the case can be used during cross-examination. Prior inconsistent statements are a standard tool for impeaching a witness who changes their story at trial. Consider how the contents could affect your position before you sign.
When to File
The affidavit has the best chance of influencing the outcome if you file it early, before the case gains momentum. Once a grand jury has returned an indictment or the prosecutor has invested significant resources preparing for trial, a non-prosecution request carries less practical weight. You can file at any stage, though, and even a late affidavit becomes part of the record the prosecutor reviews when deciding how to proceed or whether to accept a plea.