The Non-Prosecution Affidavit in an Assault Charge | Austin Criminal Defense

Austin Criminal Defense Attorney Charlie Roadman explains the concept of a non-prosecution affidavit in criminal cases. This document, written by the complaining witness (or victim), communicates to the prosecutor what the witness desires for the case. While the prosecutor considers this affidavit, it does not automatically lead to the dismissal of the case. The prosecutor may verify the affidavit's legitimacy, including confirming with the witness. There's no official format for this affidavit; it can range from a simple handwritten note to a notarized document. Forging or pressuring someone to write such an affidavit is a serious crime, especially in Texas, where it's considered felony witness tampering.

The affidavit should include the witness's contact information, their preference regarding the prosecution of the case, and their willingness to testify. The content can vary based on what the witness wishes to communicate. Ideally, the affidavit is given to a defense attorney, who can present it to the prosecutor. Its value in influencing a case's outcome varies and depends on the facts of the case and the prosecutor's judgment. While a non-prosecution affidavit can be helpful for the defense, it doesn't guarantee the case will be dismissed, as the decision to prosecute lies with the state, not the complaining witness.

Charlie is the author of The Defendant's Guide to Defense: How to Help Your lawyer Get the Best Result (Misdemeanor Edition):
https://www.amazon.com/Defendants-Gui...

For more information on Charlie: https://roadmanlaw.com/

Call 512-ROADMAN (512-762-3626) to talk with Charlie.