Strength And Solutions For Family And Criminal Law Crises

Affidavit of Non-Prosecution

On Behalf of | Jan 12, 2023 | Affidavit of Non-Prosecution

A well-written affidavit of non-prosecution is an important tool that your domestic violence defense attorney can use to get your assault bodily injury family violence charge dismissed or dropped, making it potentially possible for you to get your domestic violence charge expunged under Texas law.  In a Texas affidavit of non-prosecution, the complaining witness makes a sworn, written statement explaining why he or she does not want law enforcement to prosecute the person charged with assault family violence.  While prosecutors do not have to follow the wishes expressed in the affidavit of non-prosecution, the mere existence of the sworn statement puts the prosecution’s case in jeopardy and helps your domestic violence attorney fight for justice on your behalf.

Texas Affidavit of Non-Prosecution (ANP)

As a criminal defense attorney based in Collin County, I have used affidavits of non-prosecution to get justice for members of the community throughout the Dallas-Fort Worth Metroplex.  These sworn statements can be used to fight any criminal charge that involves a complaining witness, but domestic violence defense attorneys like me primarily use them to fight Texas assault family violence cases.  If you have been charged with violating a Texas domestic violence law, call me at 469-565-1221 for a free consultation.  I will gladly guide you through the process of navigating the criminal justice system in Dallas, Collin, or Denton County, and I will help with providing forms for affidavits of non-prosecution and information on how to write them.

Affidavit of Non-Prosecution Domestic Violence Form

The images above represent a typical affidavit of non-prosecution domestic violence form for use in Texas assault family violence cases.  An affidavit of non-prosecution form contains a first page where the complaining witness will write his or her name, address, and initial next to declarations, which state the complaining witness is writing the affidavit on their own free will and not under any form of coercion, is writing the affidavit using their own words and no one else’s, and is requesting the district attorney’s office no longer prosecute the case.  Following the declarations, the complaining witness will have blank space to hand-write their statement, and the affidavit of non-prosecution will end with a signature block and place for a notary to attest the sworn statement is true.

Where can I get an ANP?

If you know the complaining witness in a domestic violence case in Texas, contact the Law Office of J. Barrett Wilson to get an affidavit of non-prosecution domestic violence form.  I provide free consultations for individuals charged with assault family violence in Collin County and throughout the Dallas-Fort Worth Metroplex.  If you have been accused of domestic violence, then an affidavit of non-prosecution will ultimately make its way into the hands of a prosecutor.  Since the attorney prosecuting you will read this statement and can use it against you, it is important to discuss the potential benefits and complications that can arise from an affidavit of non-prosecution before the complaining witness writes the sworn statement and delivers it to a prosecutor.  I have seen every kind of affidavit of non-prosecution, both beneficial and harmful to the defense, and I can prepare you for how this sworn statement can help or hurt your case.

How to Write an ANP?

Texas affidavits of non-prosecution typically fall into two
categories: 1) the complaining witness stands by the statements made to police
but do not want the accused to be prosecuted; or 2) the complaining witness
denies the truthfulness of statements made to police or indicates police
officers misunderstood events leading up to the arrest.

The most important thing for the complaining witness to do is tell the truth.  As a domestic violence defense attorney, I never tell a complaining witness what to say.  I simply instruct them to be honest, and I will get the most benefit from the affidavit as possible.

I can say that, if a complaining witness writes that an assault took place but he or she does not wish the accused to be prosecuted, prosecutors will tend to focus more on the words indicating an assault took place and less on the complaining witness’s desire that they drop the charges.  On the other hand, if a complaining witness makes a statement that creates a reasonable doubt about the accuracy or interpretation of statements made during law enforcement’s investigation, the affidavit of non-prosecution can seriously weaken the prosecutor’s case.

Dropping Charges for Domestic Violence in Texas

Cop shows and movies have given viewers the false idea that they control whether the police press charges or the district attorney’s office prosecutes a case, especially in matters involving domestic violence.  Police officers will sometimes tell a complaining witness that he or she can simply tell the prosecutors not to take action.  The truth is, however, once a case is filed, the district attorney’s office has the sole authority to drop or dismiss a charge for assault family violence.

That is why it is so important to hire a domestic violence defense attorney with a proven track record of success to fight for your rights and preserve your reputation for the future.  The Law Office of J. Barrett Wilson had handled hundreds of domestic violence cases in Collin County, Denton County, and throughout the Dallas-Fort Worth Metroplex.  Call now for a free consultation.