Dropping Charges – Affidavit of Non-Prosecution
"Would you like to drop charges or amend your statement?"
"Get the help you need with a Affidavit of Non-Prosecution."
How to Drop Charges in Texas
If you would like to drop charges or amend your statement, first you should read this article about dropping criminal charges in Texas. You will learn how to drop charges in Texas courts and the assistance you may need with dropping charges.
An affidavit of non-prosecution is a sworn, notarized statement written by the alleged victim in a pending criminal case requesting the charges be dropped. There are 2 main purposes of this affidavit. The first is to try and halt the prosecution of an alleged defendant at the request of the alleged victim. If that person no longer wishes to pursue the charges or cooperate with the state, the idea is that by filing the Affidavit of non-prosecution the state will drop the case. The affidavit usually includes language that states they no longer wish to pursue, cooperate, and will not hold the state accountable if they decide to dismiss the case, and drop charges. Affidavits of non-prosecution sometimes also include the victim’s version of the events that took place if they differ from what is alleged in the complaint. The second purpose is to provide a sort of insurance protecting the state in case they dismiss the case. This way, if the alleged victim decides later they want to pursue the criminal charges or is upset the case didn’t keep moving forward, the state has the victim’s written request that the state stops the prosecution. Affidavits of non-prosecution, like most other things in the law, are not guarantees. Just because an affidavit is given to a prosecutor, does not mean the state will automatically dismiss the case. They will be heavily scrutinized and evaluated. For these reasons it is important to seek the help of the experienced attorneys at Matthew Pillado, PLLC to ensure that this important matter it is done right.