An affidavit of nonprosecution is a written statement in Texas in which a victim of an alleged crime declares their desire not to press charges against the accused. Although the prosecutor can consider this document, it does not guarantee the case will be dismissed, as the decision to proceed with or drop charges ultimately lies with the district attorney’s office.
When family members or friends get into a confrontation and someone gets arrested, the alleged victim often has “buyer’s remorse” the next day – that is, they regret that the police ever got involved. Not only was their loved one jailed, but now they are facing criminal prosecution and a possible record. The alleged victim tries to take it all back and tells the police or prosecutors that they want to “drop charges” – but unfortunately, that is easier said than done.
In many counties in Texas, and especially Tarrant County, police and prosecutors
do not just drop charges solely at the request of an alleged victim. However, there is a mechanism in place – called an affidavit of non-prosecution in Texas – that may influence the prosecutor’s decision to proceed with a criminal case. Note, we emphasized the word “may.”
In this article, our experienced Fort Worth criminal defense attorneys explain an affidavit of non-prosecution in Texas, how to complete an ANP, why prosecutors are often skeptical of this legal document, and how it may impact a criminal case.
Complete the following fields to generate the text for a basic affidavit of non-prosecution. For a more effective affidavit of non-prosecution, hire a criminal defense attorney in your jurisdiction.
Non-Prosecution Affidavit Form
KNOW ALL MEN BY THESE PRESENTS
That the undersigned person does hereby make the following Affidavit For Non-Prosecution in the matter of the State of Texas vs. , the latter being charged with .
"My name is and I am 18 years of age or older. I am the complaining witness against . It is my wish and desire that all charges in relation to these matters be dismissed, that there be no further action taken thereon and I do not intend to pursue the prosecution of the accused. I further express my desire and intention not to appear as a witness against in any proceeding or court pertaining to this matter and I would request that I not be subpoenaed to do so."
Signed this the ___ day of _______, 20__.
BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of ___________________, 20___.
Notary Public in and for the State of Texas
An affidavit of non-prosecution in Texas is a sworn statement made by an alleged crime victim expressing their desire for the accused not be prosecuted and for charges to be dismissed. In Texas, this legal document is often used in cases involving domestic violence, assault, or other crimes where the alleged victim has a personal relationship with the defendant. It is also sometimes used in theft cases where the victim has been fully or partially reimbursed by the accused.
Prosecutors consider several factors when deciding whether to pursue charges, and the victim’s wishes can be a persuasive factor in their determination. However, an affidavit of non-prosecution does not guarantee the dismissal of charges. Prosecutors are not legally obligated to abide by the alleged victim’s wishes in an affidavit of non-prosecution. In fact, prosecutors generally don’t trust ANPs. They are skeptical that the alleged victim has ulterior motives for completing an affidavit of non-prosecution in Texas. It’s not uncommon for prosecutors to move forward with a case against the alleged victim’s wishes.
In some cases, the alleged victim or witness may decide to reconcile with the accused person, particularly if they share a personal relationship, such as family members or close friends. Reconciliation may involve resolving disputes or misunderstandings, leading the alleged victim or witness to reconsider their stance on the case. This change of heart may result in a request to drop the charges or the submission of a non-prosecution affidavit.
The alleged victim or witness may be afraid that the accused or their associates will retaliate against them if they continue to support the prosecution’s case. This fear can manifest as threats of physical harm, emotional abuse, or other adverse consequences. In such situations, the alleged victim or witness may choose to recant their statement, withdraw their support for the case, or request non-prosecution to protect themselves.
The alleged victim or witness may rely on the accused for emotional support, financial assistance, or other forms of dependency. This reliance can create a conflict of interest, as the alleged victim or witness may be hesitant to pursue legal action against someone they depend on. In such cases, they may reconsider their involvement in the case or seek non-prosecution to preserve their relationship with the accused.
When the alleged victim or witness and the accused have children together, this shared parental responsibility can further complicate the decision-making process in a criminal case. The alleged victim or witness may be concerned about the impact of the legal proceedings on their children, both emotionally and financially. They may also worry about the potential disruption to their family life, such as custody arrangements or the children’s relationship with the accused parent. As a result, the alleged victim or witness may choose to seek reconciliation, request non-prosecution, or reconsider their involvement in the case to prioritize their children’s well-being and maintain family stability.
In some instances, the alleged victim or witness may have initially provided a false or misleading account of the events in question. This falsehood could be the result of various factors, such as personal animosity, a desire for attention, or a misguided attempt to protect themselves or someone else. If the alleged victim or witness later acknowledges that their initial statement was untruthful, they may decide to recant their testimony or request non-prosecution to rectify the situation and prevent further legal repercussions for the accused. These factors, individually or in combination, can significantly impact the course of a criminal case and the decisions made by the alleged victim or witness. Understanding these dynamics is crucial for both the prosecution and defense when preparing their strategies and addressing the concerns of those involved in the case.
To file an affidavit of non-prosecution in Texas, the alleged victim must contact the appropriate District Attorney’s Office or contact a private attorney who can file it on their behalf.
Once the affidavit is filed, the prosecutor will evaluate the case and the affidavit’s content. The prosecutor may also consider the defendant’s criminal history, the severity of the alleged offense, and other relevant factors before making a decision.
Case Dismissal: If the prosecutor decides not to proceed with the case after reviewing the affidavit, they may file a motion to dismiss the charges. Reduced Charges: In some instances, the prosecutor may offer a plea bargain with reduced charges or penalties, taking the affidavit into account. Continuation of Prosecution: The prosecutor can still choose to proceed with the case despite the affidavit of non-prosecution, particularly in cases of serious allegations.
ANPs are common in domestic or family violence cases , where an alleged victim decides to reconcile with the accused or believes that pursuing charges would be detrimental to the defendant and family dynamic.
Assault cases are extremely common in Texas. If the alleged victim feels that the incident was a misunderstanding or that the charges against the accused are unwarranted, they may pursue an affidavit of non-prosecution in Texas.
In cases where the property has been returned or the parties have reached a civil agreement, the alleged victim may choose to submit a non-prosecution affidavit to request the dismissal of theft charges. Again, it is important to understand that the decision to dismiss a case ultimately lies with the prosecutor. They will weigh the affidavit’s merits against the interests of justice and the community before deciding whether to proceed with the case.
It may seem counterintuitive, but some prosecutors actually prefer victims who do not want to cooperate. When they go to trial, they just call the officers who responded to the scene and play the 911 call for the jury. That way, they don’t have to worry about what the alleged is going to say on the stand or what is going to come out under cross-examination by the defense attorney.
If you are facing criminal charges in Tarrant County and the alleged victim has submitted an affidavit of non-prosecution – or wants to submit an ANP – it is important to understand that this document alone may not be enough to obtain a dismissal. You should contact an experienced Fort Worth criminal defense attorney with a proven track record of success as soon as possible. Getting a prosecutor to dismiss a case takes skill and experience. The seasoned criminal defense attorneys at Varghese Summersett have the knowledge and expertise to produce the most favorable outcome possible in your case. We can also arrange for the alleged victim to come to our office to complete an ANP. Contact us today at 817-203-2220 for a free consultation.
FAQs about Affidavits of Non-Prosecution in Texas
After completing the affidavit of non-prosecution form, you will need to sign it in the presence of a notary public. The notary will verify your identity, witness your signature, and affix their notary seal to the document. At Varghese Summersett, we have notaries in our office but you can find notaries in your area with a quick Internet search. After it is notarized, the form can be submitted to the prosecutor’s office.
What Are Key Elements Of A Texas Non-Prosecution Affidavit?
A well-crafted non-prosecution affidavit should contain the following key elements:
Can The Submission Of An Affidavit Of Non-Prosecution Guarantee The Dismissal Of Charges In Texas?
No, submitting an affidavit of non-prosecution in Texas does not guarantee the dismissal of charges in Texas. The decision to proceed with or dismiss a case ultimately lies with the prosecutor, who will take the affidavit into account but is not bound by it. The prosecutor will weigh the merits of the affidavit against the interests of justice and the community before deciding whether to continue with the case.
What Happens If An Alleged Victim Or Witness Changes Their Mind After Submitting An Affidavit Of Non-Prosecution In Texas?
If an alleged victim changes their mind after submitting an affidavit of non-prosecution in Texas, they should contact the District Attorney’s office handling the case as soon as possible to inform them of the change in their stance. Depending on the circumstances and the stage of the legal proceedings, the prosecutor may choose to reevaluate the case. However, the decision to proceed or not will still be at the prosecutor’s discretion, taking into account the available evidence, the interests of justice, and other relevant factors.
What Are The Potential Drawbacks To An ANP?
While non-prosecution affidavits can be beneficial in some instances, they are not without their drawbacks including:
Prosecutorial discretion: The final decision to prosecute a case rests with the prosecutor, who may choose to proceed with the case despite the submission of a non-prosecution affidavit.
Coercion or manipulation concerns: There is a risk that the accused may pressure or manipulate the alleged victim into signing a non-prosecution affidavit.
Impact on future cases: If a non-prosecution affidavit is submitted and the charges are dropped, it may be difficult for the alleged victim to pursue charges in the future.