An affidavit of non-prosecution is a sworn, usually notarized statement in which the alleged victim of a crime says they do not want the accused prosecuted. It does not end a case by itself. In Texas and most states, only the prosecutor can dismiss charges and may continue regardless.
This article is general information, not legal advice. If you are in danger, call 911. If you are affected by domestic violence, the National Domestic Violence Hotline is free and confidential at 1-800-799-7233, by chat at thehotline.org, or by texting START to 88788 (The Hotline; U.S. Office for Victims of Crime).
What is an affidavit of non-prosecution?
An affidavit of non-prosecution, also called a non prosecution affidavit, is a written statement the alleged victim signs under oath. It says the person does not wish to pursue the case or cooperate further, and it asks the prosecutor to consider dismissing charges. Some people call a similar document a waiver of prosecution, so ask the office what it calls and accepts.
A Texas attorney source describes it as a sworn statement from an alleged victim expressing a desire to stop prosecution, and notes that it is typically notarized (Barton Law Office). Another says it can be submitted to the court and the prosecuting attorney (Patrick McLain Law). It is commonly used in domestic and family violence cases, assault, and some property cases such as theft after property is returned (Versus Texas).
Can a victim drop charges with an affidavit of non-prosecution?
No. Once charges are filed, the case belongs to the state, and only the prosecutor decides whether to dismiss it. The affidavit is a request the prosecutor may consider. How much weight it carries depends on the evidence, the type of offense, and the office’s policies.
| Question | What the affidavit can do | What it cannot do |
| Does it end the case? | Give the prosecutor your sworn position | Dismiss charges or bind the prosecutor |
| Who decides? | Inform the decision | Replace the prosecutor’s judgment |
| Does it cancel court orders? | Nothing by itself | Lift a no-contact order or bond condition; a judge typically decides those |
| Does it stop evidence being used? | Explain your wishes | Remove police reports, recordings, or other evidence |
Texas law frames the prosecutor’s job as not to convict, but to see that justice is done (Tex. Code Crim. Proc. art. 2.01). Texas attorney sources say the same: only the prosecuting attorney can dismiss charges, and an affidavit may influence the decision (attorney answer on JustAnswer; Round Rock defense firm). Seattle’s municipal court probation page says that if charges are filed, only the prosecutor can drop them, and the victim is a witness with no authority to drop charges (City of Seattle). Colorado sources describe the same structure (Colorado defense firm).
What does an affidavit of non-prosecution form include?
A typical form identifies the signer, the case, and the accused, states that the signer is signing voluntarily, explains the signer’s wishes in their own words, and includes a jurat for the notary. There is no single statewide Texas form, so check what your county prosecutor’s office provides before you draft your own.
• Your name, address, and your role as the complainant or alleged victim.
• The accused person’s name, the case or incident number, the court, and the charge.
• A statement that you are signing voluntarily and that no one has threatened or paid you.
• Your wishes about the case, stated plainly and truthfully.
• Signature, date, and a jurat completed by a notary.
A Texas attorney’s answer says there is no specific form or format for an affidavit of non-prosecution in Texas, and that a prosecutor’s office may provide a generic one on request (JustAnswer attorney answer). That is why searches for an affidavit of non prosecution form or an affidavit of non prosecution Texas PDF return many versions. A form from an unknown site may not match what your prosecutor expects, so ask the office first. Be accurate: a false statement in a sworn affidavit can be treated as perjury or false swearing (legal dictionary entry).
How do you file an affidavit of non-prosecution in Texas?
Contact the prosecutor’s office handling the case, ask what it accepts, complete the affidavit truthfully, sign it in front of a notary, and deliver it as instructed. Keep a copy. Expect the office to review it along with the evidence, and do not assume the case will be dismissed.
1. Find the case number and the office handling it, usually a district or county attorney.
2. Call or visit the office, ask for its affidavit form or instructions, and ask about victim services.
3. Read the form carefully and fill it in with your own words and facts; do not sign until the notary session.
4. Sign it before a notary, who verifies your identity and completes the jurat.
5. Deliver the notarized affidavit to the prosecutor’s office, and to the court if instructed.
6. Keep a copy, and follow up with the office about the status.
Many Texas counties have no-drop policies that proceed regardless of the victim’s wishes, so the affidavit may not change the outcome (McConathy Law). A criminal defense attorney, or a victim’s advocate, can explain the effect in your county. If the accused person has a lawyer, that lawyer may offer to prepare the affidavit, but you can ask for independent advice.
What are the risks, and how does domestic violence change things?
In domestic violence cases, prosecutors often continue with other evidence, and one Illinois source says a request to drop the case can itself be treated as a warning sign (KHK Law). An affidavit also carries risks for you: it is sworn, so it must be truthful, and it does not remove protective or no-contact orders.
• Prosecutors may proceed anyway. In California, for example, a district attorney decides whether to move forward on police reports, recordings, and medical records rather than the victim’s wishes (California defense firm).
• Weight varies by case type. A Colorado source says an affidavit carries more weight where the victim’s testimony is the main evidence and little weight in domestic violence cases where prosecutors expect recantation (Colorado defense firm).
• Court orders stay in place. An Illinois source says a victim cannot waive a protective order without a court hearing (KHK Law). Ask the court about your state’s rules.
• Pressure and coercion. No one should sign under pressure, threats, or promises. The notary checks that you are signing willingly, and you can refuse to sign.
If you feel unsafe or pressured, talk to a victim advocate, your local prosecutor’s victim services, or the hotline above before you sign anything.
Can you notarize an affidavit of non-prosecution online?
Often yes. The affidavit needs a jurat, meaning you swear that the contents are true before a notary, and an online notary can administer that oath on video where state law allows. Ask the prosecutor’s office whether it accepts an online notarization before you book, because some offices have their own preferences.
On BlueNotary, the steps follow its signer instructions, last updated July 14, 2026: upload an unsigned PDF, choose Notarize Now or schedule, verify your identity, and join the session. Its identity guide lists accepted IDs. BlueNotary’s help center says it can accept most documents, excluding those submitted to a foreign embassy, codicils and testamentary trusts, and Form I-9, and that acceptance is up to the receiving party. A notary cannot give legal advice or tell you what to write, and BlueNotary cannot advise you on your case.
An electronic signature alone is not enough here. The document is sworn, so it needs a notary. BlueNotary’s eSign is for documents that need only a signature.
What does it cost, and when is another option better?
On BlueNotary, one notarization with one stamp is $25, each additional stamp is $8, and each additional signer is $5, with a witness free if you bring one and $10 if BlueNotary provides one (checked October 2026). An affidavit with one signer and one stamp is $25 (hypothetical total from the fee schedule).
An in-person notary can be better if the prosecutor’s office requires a paper original or an office visit, or if victim services can help you in person. An attorney is better when you need advice about your rights, risks, or the accused person’s case. See the pricing page and the remote online notarization page.
Have your affidavit ready? Notarize Your Affidavit Online with BlueNotary after you confirm what the prosecutor’s office accepts.
FAQs
1. How do I drop charges against someone?
You cannot drop charges yourself. Only the prosecutor can dismiss a case. You can tell the prosecutor your wishes, including with an affidavit of non-prosecution, and the office decides.
2. Does an affidavit of non-prosecution have to be notarized?
Sources describe it as a sworn statement that is typically notarized. Ask the prosecutor’s office what it requires, because there is no single statewide Texas form.
3. Can the accused person file an affidavit of non-prosecution?
No. It is signed by the complainant or alleged victim. The accused person’s attorney may help prepare it, but the victim must sign voluntarily and truthfully.
4. Can I withdraw an affidavit of non-prosecution?
One Texas defense firm says it can be withdrawn by notifying the court and prosecution promptly. Ask the prosecutor’s office or an attorney how to do it in your case.
5. What is a waiver of prosecution?
Some people use the term for a document similar to an affidavit of non-prosecution. The name varies by office and place, so ask the prosecutor what it calls and accepts.
