Assault Family Violence
The Affidavit of Non-Prosecution
The Affidavit of Non-Prosecution is a very useful tool in defending Assault Family Violence Charges. The contents and form of the Affidavit can vary, but in general, the Affidavit is a signed and sworn statement by the alleged victim that states the following:
All the statements contained within the affidavit are true and correct;
The alleged victim does not want to testify;
The alleged victim does not want the person accused of Assault Family Violence to be prosecuted;
The alleged victim does not want the case to proceed and wants the prosecution to dismiss all charges;
Furthermore, the alleged victim is signing the affidavit voluntarily, they have not been coerced or threatened in any way, and no promises of any nature have been made in exchange for the execution of this affidavit;
Finally, if all charges are dismissed the alleged victim will not hold District Attorney’s Office responsible for the dismissal of the chares, or for any actions of person accused or any result that may occur following the dismissal.
The prosecution will not automatically dismiss the case because they have been given an Affidavit of Non-Prosecution. However, it does tell the Prosecution that the alleged victim does not want to testify and proceed with the case. This is extremely helpful for the following reasons:
The prosecution wants to win their cases;
A victim that does not want to testify and wants the case dropped is unpredictable;
With limited time, resources, and numerous cases the prosecution might be better served dismissing the case and concentrating his or her energy on a case where the victim wants the case prosecuted.
Below is an Example of an Affidavit of Non-Prosecution:
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Above is the free download template. Here is the language used in the template for the affidavit:
NO. NM34665XX
| STATE OF TEXAS | § | IN THE DISTRICT COURT |
| § | ||
| vs. | § | 399TH JUDICIAL DISTRICT |
| § | ||
| JOE SMITH | § | BEXAR COUNTY, TEXAS |
AFFIDAVIT OF NON-PROSECUTION
BEFORE ME, the undersigned authority, personally appeared JANE DOE, who, after being by me duly sworn stated the following under oath:
“My name is JANE DOE. I am over the age of fourteen (14) years, and I am competent to make this affidavit. The statements contained herein are true and correct.
“I am the complaining witness in the above cause against JOE SMITH, whom I am aware has been charged with Aggravated Assault with a Deadly Weapon.
“I want to advise the Court and the Prosecuting Attorney that I do not wish to pursue charges against JOE SMITH. I want the prosecution of this cause to be withdrawn, dismissed and terminated, and it is my desire that the Prosecuting Attorney dismiss all such charges against JOE SMITH.”
“I do not want to testify in this cause, although I understand that I may be compelled to do so.
“I also understand that the charges will not necessarily be dismissed as a result of this affidavit. If the charges are dismissed, I will not in any way hold the offices of the Prosecuting Attorney, the Police Department, the Sheriff of Bexar County, Bexar County, or the State of Texas responsible for the dismissal of the charges, or for any actions of JOE SMITH or any other result that may occur following such dismissal.
“I AM SIGNING THIS AFFIDAVIT VOLUNTARILY. I HAVE NOT BEEN COERCED OR THREATENED IN ANY WAY TO SIGN THIS AFFIDAVIT, NOR HAS ANY PROMISE OF ANY NATURE BEEN MADE IN EXCHANGE FOR MY EXECUTION OF THIS AFFIDAVIT.”
JANE DOE, Affiant
SWORN and SUBSCRIBED before me, the undersigned authority, on this day of , ______.
Notary Public, State of Texas
If you have been arrested for assault family violence and need an attorney please call the Cook & Cook Law Firm at 210-271-2800 or use the following link to send an email explaining your situation.
