Purpose and Legal Basis of Affidavit of Non-Prosecution
An Affidavit of Non‑Prosecution in Texas lets a victim request the DA not to prosecute. Black’s Law Dictionary defines it as a victim’s plea, but Texas Criminal Practice Guide §70.105 says the prosecutor may still proceed. The form requires notarization. The affidavit must be notarized before filing.!!
Definition According to Texas Statutes
According to Texas statutes, an Affidavit of Non‑Prosecution is a sworn statement in which a crime victim formally requests that the perpetrator not be prosecuted. The Texas Criminal Practice Guide § 70.105 clarifies that while the affidavit expresses the victim’s wish, the prosecutor retains full discretion and is not obligated to dismiss the case solely because the affidavit has been executed. The affidavit must be signed in the presence of a notary public, ensuring its authenticity before it is submitted to the district attorney’s office. The form, available as a fillable PDF from the Tarrant County website, requires the victim to identify the offense, the date, and the accused, and to affirm that no other criminal complaint has been filed. Although the affidavit is a formal legal instrument, it does not constitute a plea or a waiver of rights; rather, it is a request that the prosecution consider the victim’s wishes when determining whether to proceed. The document is governed by Texas statutory language that emphasizes the prosecutor’s discretion, and it is intended to provide a mechanism for victims to express their desire for non‑prosecution while preserving the prosecutor’s authority to act in the public interest. The affidavit’s notarization requirement ensures that the statement made under oath, thereby giving it the same evidentiary weight as any sworn testimony in court.
In practice, the affidavit signals victim’s preference but does not change the prosecutor’s legal threshold prosecutor may pursue charges if evidence warrants.!
Key Legal Authorities (Black’s Law Dictionary, Texas Criminal Practice Guide)
Black’s Law Dictionary, 12th ed., defines an Affidavit of Non‑Prosecution as a sworn statement by a victim requesting that the perpetrator not be prosecuted. The Texas Criminal Practice Guide § 70.105 confirms that while the affidavit expresses the victim’s desire, the prosecutor retains full discretion and is not bound to dismiss the case solely because the affidavit has been executed. The guide further notes that the affidavit must be signed before a notary public, ensuring its authenticity and giving it the same evidentiary weight as sworn testimony. These authorities together illustrate that the affidavit is a formal, legally recognized instrument that conveys the victim’s wishes but does not override prosecutorial discretion or alter the statutory thresholds for filing charges. The notarized affidavit serves as a request to the district attorney, and the prosecutor may consider it in the broader context of public interest, evidence, and the victim’s rights. The statutory language underscores the balance between victim advocacy and the prosecutor’s duty to pursue justice when warranted. In sum, Black’s Law Dictionary provides the definition, while the Texas Criminal Practice Guide supplies the procedural and discretionary framework governing the use of the affidavit in Texas courts. Additionally, the Texas Administrative Code and case law interpret the affidavit as a tool for victim impact statements, allowing victims to articulate the personal harm suffered, which can influence sentencing if charges proceed. The affidavit’s notarization requirement is mandated by Texas Rule of Evidence 901, ensuring that the statement is made under oath and can be admitted as evidence in court proceedings. It is a formal request. The affidavit does not waive any victim rights fully.
Eligibility and Eligibility Criteria
Victims, witnesses, or parties with a interest may file. The affidavit must state the alleged offense, date, location, and the victim’s desire not to prosecute. It must be notarized and include the victim’s full name, contact info, and a statement of very impact.
Who Can File an Affidavit (Victim, Witness, etc.)
Under Texas law, the Affidavit of Non‑Prosecution is a tool primarily intended for victims of a crime who wish to request that the District Attorney refrain from pursuing criminal charges against the alleged offender. However, the statutory framework and the guidance found in the Texas Criminal Practice Guide do not restrict the filing to victims alone. Any person who has a direct, personal interest in the outcome of the case—such as a witness who observed the alleged offense, a family member of the victim, or a party who suffered a tangible loss—may submit the affidavit. The key requirement is that the filer must be able to provide a truthful, detailed statement of the facts surrounding the alleged offense, including the date, location, and nature of the conduct. The affidavit must be signed in the presence of a licensed notary public, who will affix the notarial seal and record the date of acknowledgment. Once notarized, the document is submitted to the District Attorney’s office, where it is considered as part of the prosecutorial discretion process. The filing party must also be prepared to provide any additional documentation or testimony that the prosecutor may request during the review of the case. The Texas Criminal Practice Guide § 70.105 confirms that while the affidavit expresses the filer’s wishes, the prosecutor retains the authority to proceed with or decline prosecution based on the totality of evidence and public interest considerations. Therefore, while victims are the most common filers, witnesses and other interested parties are also eligible, provided they meet the factual and procedural prerequisites outlined above.
Minimum Information Required (Date, Offense, etc.)
To comply with the Tarrant County Affidavit of Non‑Prosecution form, the filer must provide a concise yet comprehensive statement that includes the following core elements: the exact date of the alleged conduct, the specific location where the offense occurred, a clear description of the type of crime (e.g., assault, theft, vandalism), and the names or identifiers of the parties involved—both the alleged offender and the victim or witness. The affidavit should also note any prior complaints or police reports filed, including docket numbers if available, and explain the relationship of the filer to the incident. Additionally, the statement must contain a truthful account of the circumstances surrounding the event, such as the motive, the actions taken by the offender, and any injuries or property damage sustained. The filer must sign the affidavit in the presence of a licensed notary public, who will affix the official seal and record the date of acknowledgment. Failure to include any of these elements may result in the affidavit being deemed incomplete, thereby limiting its effectiveness in influencing prosecutorial discretion. The Texas Criminal Practice Guide § 70.105 emphasizes that the affidavit is a formal request, not a guarantee, and the prosecutor may still pursue charges if the evidence warrants further action. This affidavit is filed in accordance with the procedures outlined in the Tarrant County guidelines and serves as a formal statement of the filer’s position. The filer affirms all facts are true to the of their knowledge.
Preparation of the Affidavit Document
Obtain the PDF from Tarrant County’s site, complete all fields—date, offense, parties, and a brief narrative. Sign before a notary, who will affix the seal and record the date. Submit the notarized form to the DA’s office in person if required. and keep copy
Obtaining the Official Form (PDF from Tarrant County)
To begin the affidavit process, the first step is to acquire the official document. The Tarrant County website hosts a dedicated PDF that serves as the standard Affidavit of Non‑Prosecution form. You can locate it by navigating to the county’s “Law Library” section, then selecting the “Updated Forms 2024” folder. Within that directory, the file named Fillable_Affidavit_of_NonProsecution.pdf is available for direct download. This PDF is fully fillable, allowing you to enter information electronically before printing. If you prefer a hard‑copy version, simply print the downloaded file on plain paper, ensuring that all required fields remain legible. The form includes sections for the victim’s name, contact details, the alleged offender’s information, a concise description of the incident, and the specific date of the alleged offense. It also contains a statement where the victim acknowledges that the affidavit is voluntary and that the prosecutor is not obligated to dismiss the case. Once the form is completed, it must be signed in the presence of a licensed notary public. The notary will affix their seal and record the date of notarization, thereby authenticating the document. After notarization, retain a copy for your records and prepare to submit the original to the District Attorney’s office. This step ensures that the affidavit is compliant with Texas statutes and ready for review by the Assistant District Attorney. By following these instructions, you can secure the official form efficiently and set the groundwork for the next stages of the filing process.
Required Signatures and Notarization
The Affidavit of Non‑Prosecution requires two critical signatures: the petitioner’s and the notary public’s. The petitioner, usually the victim or a legally authorized witness, must sign the affidavit in the presence of a licensed notary. The notary then affixes their official seal, signs the document, and records the date of notarization. The notarization confirms that the petitioner personally appeared before the notary, understood the affidavit’s contents, and voluntarily executed the statement; In Texas, the notary’s seal must be a permanent, embossed seal that matches the notary’s official records. The notary’s signature must appear on the same page as the seal, and the notary must provide their full name, commission number, and the expiration date of the commission. The affidavit must be completed in a single session; any blank spaces must be filled before the notary signs. If the form is filled electronically, the petitioner should print the completed PDF, sign it, and then present the printed copy to the notary for notarization. The notary must verify the petitioner’s identity by examining a government‑issued photo ID, record the notarization in their official journal, and ensure the notarization occurs within the notary’s commission period. Additionally, the notary’s acknowledgment block must be completed in full, including the notary’s oath statement. Once notarized, the affidavit is ready for submission to the District Attorney’s office. Failure to obtain a proper notarization can render the affidavit invalid, and the prosecutor may disregard the request. The notarized document should be returned to the petitioner promptly, and the petitioner should verify that the notary’s seal and signature are intact. Therefore, ensuring that all signatures and notarization details are correct is essential for the affidavit’s legal effectiveness. Petitioner should keep a copy for future reference!
Submission Process and Interaction with District Attorney
After notarization, schedule an appointment with the Assistant District Attorney. Bring the signed affidavit to the DA’s office in Fort Worth. The ADA reviews the form, may request additional info, and decides on prosecution. Mail is optional.——–
Scheduling an Appointment with Assistant DA
To submit an Affidavit of Non‑Prosecution, the victim must first arrange a meeting with an Assistant District Attorney (ADA). The Tarrant County District Attorney’s office advises callers to schedule an appointment in advance; this ensures the ADA will be available to review the affidavit and discuss the case. The ADA’s office is located at the Tim Curry Criminal Justice Center, 401 West Belknap Street, Fort Worth, Texas 76196. The main office sits on the 4th floor, with the Victim Assistance Department on the 5th floor where most non‑prosecution matters are handled. If you prefer a face‑to‑face meeting, call the main line and request an appointment for the Victim Assistance Department. The ADA will confirm the date, time, and any additional documentation required. It is advisable to bring a copy of the notarized affidavit, any police reports, and any other evidence that supports the victim’s request. The ADA may ask for further details or clarification during the meeting. After the meeting, the ADA will decide whether to file a non‑prosecution request with the court or to proceed with prosecution. If the ADA declines, the victim may still file a formal complaint with the police or seek legal counsel. In all cases, the ADA’s decision is final and binding. The appointment process is designed to streamline the review of non‑prosecution requests and to ensure that victims receive timely and professional assistance from the district attorney’s office.
The ADA’s decision is final, and the victim may seek legal remedies if unsatisfied with the outcome.!
Submitting the Form (In-Person vs. Mail)
After the appointment, the victim must deliver the notarized affidavit to the District Attorney’s office. Tarrant County accepts the form in two ways: in‑person and by mail. In‑person submission is common; the victim can hand the document to the Victim Assistance clerk on the 5th floor of the Criminal Justice Center, who will verify notarization, record receipt, and forward it to the ADA. If the victim prefers not to travel, the affidavit can be mailed using a trackable service (USPS Certified Mail, UPS, FedEx). Include a copy of the notarized affidavit, a cover letter, and any supporting evidence. Address the envelope to: Tarrant County District Attorney, Victim Assistance, 401 West Belknap Street, Fort Worth, TX 76196. Keep a copy of the mailing receipt and the date mailed. The office will acknowledge receipt within a few business days and decide whether to file a non‑prosecution request or proceed with prosecution. Regardless of method, the victim must keep a copy of the signed affidavit and any correspondence for future reference. The choice between in‑person and mail depends on convenience, urgency, and the need for immediate confirmation. Failure to provide a properly notarized document may result in rejection or delay, affecting the victim’s influence on the prosecution’s decision. The victim should follow up if no acknowledgment is received within 10 business days. This process ensures the affidavit is formally considered and documented in the official record. The final decision rests with the ADA, who will either file the non‑prosecution request or proceed with the case. The victim’s role ends after submission, but the victim may request updates on the outcome. The office will provide a written decision within 30 days of receipt, ensuring the victim has documented proof of the outcome. The victim may also request a copy of the final decision for personal records. The District Attorney’s office will also provide contact information for the ADA handling the case, allowing the victim to ask clarifying questions if needed. All communications should be kept in writing to preserve a clear record. The victim should verify that the affidavit complies with all statutory requirements before submission, as errors or omissions can delay the process or lead to dismissal of the request. The victim should review the affidavit carefully to ensure accuracy. The entire process is designed to be efficient, respectful of the victim’s time, and to maintain privacy.
Effectiveness and Limitations of the Affidavit
An affidavit of non‑prosecution is a victim’s request that the DA not prosecute, but Texas law (Criminal Practice Guide §70.105) says the prosecutor may still proceed. The document must be notarized and is not a guarantee of dismissal!. The affidavit remains in the file and may be cited,doesn’t act.?!
Prosecution’s Discretion and Possible Outcomes
When a victim files an Affidavit of Non‑Prosecution, the document is a plea to the District Attorney to drop charges. Texas Criminal Practice Guide §70.105 clarifies that the prosecutor is not bound by the affidavit; office retains discretion. The outcome hinges on the offense’s severity, evidence strength, and public interest. If evidence is weak or the offense minor, the prosecutor may dismiss the case. If the prosecution believes a conviction is likely, it may proceed regardless of the victim’s request. In some cases, the prosecutor may offer a plea or alternative resolution, such as deferred prosecution or community service, to satisfy the victim while protecting public safety. The affidavit remains in the file and can be cited in future proceedings, but it does not guarantee dismissal. Victims should view the affidavit as a formal appeal, not a binding directive. The notarized form is available as a PDF from Tarrant County, and an appointment with an Assistant District Attorney is required for submission. The affidavit’s effect is limited to prosecutorial discretion and does not alter statutory rights of the victim or defendant.
Because the affidavit is a statement, it must be signed in front of a notary public. The Tarrant County website provides a fillable PDF that can be printed, signed, and notarized before submission. Victims are advised to schedule an appointment with an Assistant District Attorney to discuss the case, as the ADA must review the affidavit before deciding; Even with the affidavit, the prosecutor may still pursue charges if the evidence supports a conviction or if safety concerns arise. Please contact.?!.
Records and Evidence Retention (Court Records, Police Reports)
The County Clerk’s Office offers a portal for records requests. A requester must submit a written request that identifies the case number, specific documents, and a purpose statement. The clerk’s office will process the request within the statutory period, typically 10 business days, unless restricted by court order or privacy concerns. The documents are then delivered electronically and a receipt is issued.
In addition to the documents listed above, the County Clerk’s Office maintains a comprehensive digital archive that includes all police reports, incident logs, and any supplemental evidence submitted during the investigation. This archive is governed by Texas statutes that dictate retention periods for criminal records, typically ranging from five to ten years depending on the severity of the offense. The retention schedule ensures that evidence remains available for appeals, civil litigation, or future prosecutorial review. Access to these records is controlled; only authorized personnel, such as the prosecutor, the defendant’s counsel, or the victim, may request copies. Requests must be accompanied by a notarized statement of purpose and, in some cases, a filing fee. The Clerk’s Office will verify the legitimacy of the request before releasing the documents. Once released, the documents are stamped with a receipt number and a copy is retained in the clerk’s electronic system for audit purposes. This process safeguards the integrity of the evidence while providing transparency to all parties involved.
Moreover, the clerk’s office audits the archive to ensure compliance with state law, and discrepancies are addressed to maintain the chain of custody and uphold the legal integrity of the case again