how to file affidavit of non prosecution


Filing an affidavit of non-prosecution typically relates to criminal cases when a victim wishes to formally express their desire not to pursue charges against the accused. This affidavit is a legal document stating that the victim does not want the case to proceed. However, whether or not the case continues is ultimately up to the prosecutor and the court. Here are the general steps to file an affidavit of non-prosecution:

1. Consult with an Attorney (Recommended):

  • It’s highly advisable to consult with an attorney, especially if you are involved in a criminal case. An attorney can provide legal advice, explain the potential consequences, and guide you through the process.

2. Obtain the Correct Affidavit Form:

  • Contact the local prosecutor’s office or court clerk to request the appropriate affidavit of non-prosecution form. They can provide you with the specific form required for your jurisdiction.

3. Complete the Affidavit Form:

  • Carefully complete the affidavit form, following the provided instructions. Be clear and specific in explaining your desire not to pursue charges. Include your contact information, the defendant’s name, and any other requested details.

4. Sign and Date the Affidavit:

  • Sign and date the affidavit in the presence of a notary public or a court clerk. Your signature must be notarized to make the document legally valid.

5. Submit the Affidavit:

  • Return the completed and notarized affidavit to the local prosecutor’s office or the court clerk’s office where your case is being handled. You may need to provide additional documentation or information as required by your jurisdiction.

6. Attend Any Required Hearings:

  • Be prepared to attend any court hearings related to the case, even if you have submitted an affidavit of non-prosecution. The final decision to dismiss charges or proceed with the case rests with the prosecutor and the court.

7. Discuss the Case with Your Attorney:

  • Continue to communicate with your attorney about the progress of the case and any decisions made by the prosecutor or the court.

8. Follow Legal Proceedings:

  • Be aware that, even with an affidavit of non-prosecution, the prosecutor and the court may choose to proceed with the case if they believe it is in the best interest of justice or public safety.

9. Comply with Court Orders (if applicable): – If the case proceeds despite your affidavit of non-prosecution, be sure to comply with any court orders, including appearing in court if required.

Remember that the specific procedures and legal standards for affidavits of non-prosecution can vary by jurisdiction. Consult with an attorney who is familiar with the laws and procedures in your area to ensure that you follow the correct process and understand the potential outcomes.

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