Charlie explains what a non-prosecution affidavit is and how it's used in a criminal case.
Q: What is a Non-Prosecution Affidavit?
A: A non-prosecution affidavit is a document written by the complaining witness (another term for the victim) that informs the prosecutor of what they wish to happen in the case.
Q: Does a Non-Prosecution Affidavit guarantee that a case will be dismissed?
A: No, these affidavits do not guarantee case dismissal. They simply communicate the complaining witness's wishes to the prosecutor, who will then consider it in their decision-making process.
Q: How does the prosecutor's office verify a Non-Prosecution Affidavit?
A: The prosecutor's office typically contacts the complaining witness to confirm the information in the affidavit. This is to ensure the document's legitimacy and to check if the witness's wishes remain the same.
Q: Is there an official format for a Non-Prosecution Affidavit?
A: There is no official format required for these affidavits. They can range from formal, notarized documents to simple written statements, even emails, although more formal documents may be seen as more legitimate.
Q: Does a Non-Prosecution Affidavit need to be notarized?
A: Notarization is not mandatory, but a notarized document provides more confidence to the prosecutor that it was indeed written by the complaining witness.
Q: Is it illegal to force someone to write a Non-Prosecution Affidavit?
A: Yes, pressuring someone into writing a non-prosecution affidavit is a crime. In Texas, it is considered a felony known as tampering with a witness.
Q: What should a Non-Prosecution Affidavit include?
A: The affidavit should include the name and contact information of the complaining witness, their preferences regarding prosecution and testifying, and any other relevant information or circumstances they wish to convey.
Q: How should a Non-Prosecution Affidavit be submitted?
A: Ideally, it should be given to a defense attorney who can then present it to the prosecutor. Alternatively, it can be submitted directly to the prosecuting authority.
Q: How effective are Non-Prosecution Affidavits in influencing a case?
A: Their impact varies. While they can be helpful, prosecutors are not obligated to dismiss a case solely based on these affidavits. The final decision depends on the facts of the case and the prosecutor's judgment.
Q: What does a Non-Prosecution Affidavit look like?
A: Download the file below to see a blank Non-Prosecution Affidavit.