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An affidavit of non-prosecution is simply a sworn statement (typically notarized) from the victim stating that he or she does not wish to pursue charges and wishes charges against the defendant to be dismissed (here is an example of what an affidavit of non-prosecution looks like).
Overview of Affidavit of Non Prosecution Form The affidavit of non-prosecution form serves as a formal declaration by a victim indicating their choice not to pursue criminal charges. This document plays a crucial role in the legal process, as it can significantly influence the direction of a case.
A failure to prosecute.
Under an NPA, the agency refrains from filing charges to allow the company to demonstrate its good conduct. In exchange, NPAs, similar to deferred prosecution agreements, generally require the company or individual to agree to: Pay a fine. Waive the statute of limitations. Cooperate with the government.
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.
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Yes, an affidavit of non-prosecution may be used as evidence in court. However, it is typically considered a statement of the victims intent rather than a determinative factor in the cases outcome. Prosecutors may reference it, but it does not hold absolute sway in legal proceedings.
How to fill out the Affidavit for Non-Prosecution in Texas? Enter your personal information as the complainant. Indicate the defendants name and the charges being dismissed. Explicitly state your request to not proceed with the prosecution. Sign the affidavit in the presence of a notary.
General Affidavits must be signed in front of a notary public. A notary must verify your identification before you sign the document. Make sure to bring ID (like a drivers license or other form of identification) for the notary before you sign the affidavit.

affidavit of non prosecution texas pdf