how to fill out an affidavit of non prosecution


Filling out an affidavit of non-prosecution is a legal document that typically relates to a criminal case, and it is used by the alleged victim or complainant to express their desire to drop or not pursue criminal charges against the defendant. This document may vary in format and requirements depending on your jurisdiction, so it’s essential to consult with an attorney or check with the local court for specific guidelines. However, here are general steps to help you fill out an affidavit of non-prosecution:

Materials Needed:

  • Affidavit of Non-Prosecution form (you can obtain this from your local court or legal counsel)
  • Pen or writing utensil
  • Notary public (if required)

Steps to Fill Out an Affidavit of Non-Prosecution:

  1. Read the Form Thoroughly:
    • Carefully read the entire affidavit form to understand its purpose and the information it requests. Ensure that you comprehend the legal consequences of filing this document.
  2. Identify the Case:
    • Provide details about the criminal case, including the defendant’s name, case number, court jurisdiction, and date of the alleged incident. This information helps the court identify the case you are referring to.
  3. Your Personal Information:
    • Complete the section that requires your personal information. This typically includes your full legal name, current address, and contact information.
  4. Statement of Non-Prosecution:
    • In the main body of the affidavit, clearly state that you do not wish to pursue criminal charges against the defendant. Be concise and specific in expressing your intent not to proceed with prosecution.
  5. Reason for Non-Prosecution:
    • Explain your reasons for not wanting to pursue the case further. It could be based on reconciliation, a change in circumstances, a desire to avoid legal proceedings, or other personal reasons. Be honest and clear in your explanation.
  6. Signature and Date:
    • Sign and date the affidavit in the presence of a notary public if required by your jurisdiction. Your signature should be your full legal name as it appears on official documents.
  7. Witness (if required):
    • In some cases, the affidavit may require a witness to observe your signature and sign as well. If this is necessary, ensure that a witness is present and signs accordingly.
  8. Notarization (if required):
    • If the affidavit must be notarized, take it to a notary public who will verify your identity and witness your signature. The notary will then affix their seal and signature to the document.
  9. Make Copies:
    • Make copies of the completed and signed affidavit for your records. You may need these copies for your own reference or if you are required to provide them to law enforcement, the prosecutor’s office, or the court.
  10. Submit the Affidavit:
    • File the original, signed, and notarized affidavit with the appropriate court or legal authorities. Follow any instructions provided by law enforcement or legal counsel regarding where to submit the document.
  11. Consult with an Attorney:
    • If you have any concerns or questions about the affidavit of non-prosecution, its legal implications, or the potential consequences of filing it, it is advisable to consult with an attorney. Legal counsel can provide guidance and ensure that your rights and interests are protected.

Keep in mind that an affidavit of non-prosecution does not guarantee that the criminal case will be dropped, as the decision ultimately lies with the prosecuting attorney and the court. It is a formal expression of your wishes and may influence the legal proceedings. Additionally, laws and procedures regarding affidavits of non-prosecution may vary by jurisdiction, so it’s essential to follow the specific requirements of your local court or legal authorities.

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