When you’re caught up in a criminal case in Texas, things can feel overwhelming. However, there are strategies that a skilled defense attorney can use in your case. One such strategy is obtaining and filing a non prosecution affidavit. While it sounds complicated, an Affidavit of Non-Prosecution is merely a document that is utilized in cases where the alleged victim doesn’t wish to pursue charges, most commonly in those involving domestic violence or situations in which the victim is familiar with the alleged offender.

At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, we understand how confusing and stressful this process can be, and we’re here to craft the strongest defense possible for your case.

What is an Affidavit of Non-Prosecution?

In simple terms, an Affidavit of Non-Prosecution is a statement from the alleged victim of a crime saying they don’t want to press charges. It can be a powerful tool in your defense, but filing this affidavit doesn’t guarantee that the charges will disappear. The prosecutor ultimately has the final say and will weigh the affidavit alongside other factors, like the seriousness of the crime and the details of your specific situation.

How to File an Affidavit

Filing a Non-Prosecution Affidavit isn’t just about writing down your wishes; it’s a legal process that needs to be handled correctly. The affidavit should clearly express the alleged victim’s intention not to pursue the case, and it’s often best to have an attorney help draft the document to avoid any missteps. Once it’s ready, the document needs to be filed with the court or presented to prosecutors. This might sound daunting, but we file everything for you to ensure there is never any extra exertion on your part.

How the Affidavit Affects a Case

After an Affidavit of Non-Prosecution is filed, will the charges just go away? Unfortunately, a dismissal is not always guaranteed. The victim’s desire to not pursue charges can be a significant factor in the outcome of your case, but the end result depends on the situation and the prosecutor’s judgment. In some cases, a prosecutor may decide to drop the charges, especially if the victim’s cooperation is crucial to the case. But in more serious cases, the prosecutor may choose to proceed with the case anyways, deeming the crime too severe to overlook.

Why File an Affidavit?

People choose to file an Affidavit of Non-Prosecution for a number of reasons. Maybe the incident wasn’t as serious as it first seemed, or perhaps they’ve reconciled with the person involved and don’t want them to face criminal charges. Sometimes, it’s just about wanting to avoid the stress and emotional toll of a court case. No matter the reason, it’s a decision that should be handled under the guidance of an experienced attorney. At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, we’re here to listen to your concerns and help you draft and file an Affidavit of Non-Prosecution.

Cases That Utilize Affidavits of Non-Prosecution

Affidavits of Non-Prosecution are most commonly utilized in cases involving domestic disputes, where emotions can run high and situations change quickly. They’re also common in cases of assault, theft, or other crimes where the victim might have second thoughts about pursuing charges. While these affidavits can sometimes lead to a case being dismissed, it’s important to remember that nothing is guaranteed. If you’re dealing with a situation like this, having legal advice can help you navigate the uncertainties. 

Contact an Austin Criminal Defense Lawyer for a Free Consultation

Trying to navigate the legal system alone can be overwhelming, and having a knowledgeable attorney by your side can make all the difference. At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, we’re not just here to handle paperwork—we’re here to support you through every aspect of your case.

We’ll help you understand what to expect, what your options are, and how to present your case in the best possible light. Get a free consultation here.