Particularly in family violence cases, when someone gets arrested after an altercation, the alleged victim will sometimes have regrets and later decide that they want to drop the charges. Unfortunately, this is more complicated than it sounds, and you’ll need to call the involved prosecutor’s office or a criminal defense attorney.

Then, you will have to sign an Affidavit of Non-Prosecution.

But it’s important to understand that in most of Texas, law enforcement officers and prosecutors won’t drop criminal charges just because you asked. Recanting your statement or filing an ANP may not be enough to get the charges against the defendant dropped. 

What is an Affidavit of Non-Prosecution?

In Texas, an ANP is a sworn statement made by the alleged victim stating that you don’t want the accused to be prosecuted and that you’d like the charges against them dismissed.

An ANP is typically used in cases that involve:

• Domestic violence
• Assault
• Theft (In cases in which the accused has partially or fully reimbursed the victim)
• Any other crime in which the two parties have an existing relationship

Purpose of an ANP

With an affidavit of non-prosecution, an alleged victim formally declares that they don’t want to participate in the defendant’s prosecution. An ANP can be submitted to the prosecutor, or directly to the court. It must be notarized, and will serve as evidence that the victim does not plan to cooperate.

There are technically two types of ANPs. However, the intent is basically the same: Both essentially indicate that you do not wish to pursue charges. 

• One affirms your initial statement to police but still requests charges be dropped
• One requires you to deny the truthfulness and accuracy of your initial statement, either claiming a misunderstanding or that the police were given inaccurate information or that your statements were misrepresented or were coerced.

The documentation for both is very similar. You should speak with an attorney before you decide how to proceed.

Can I File an ANP With the Defendant’s Attorney?

Yes, you can typically file the document with the defendant’s attorney (if they’ve retained counsel). It’s even possible that the defendant’s attorney will contact you directly.

The defendant’s attorney can help draft and submit the document on your behalf. However, you must personally sign the affidavit and have it notarized.

How Will the ANP Affect Potential Prosecution?

It may lead to dropped charges, or it may  have no impact at all. Prosecutors weigh multiple factors when determining whether to pursue charges. The victim’s wishes may or may not be a key factor, depending on factors including the severity of the charges involved and any prior criminal convictions.

However, it’s important to understand that simply filing an affidavit of non-prosecution won’t guarantee that the charges will be dismissed.

Prosecutors aren’t obligated to follow the victim’s wishes, and many prosecutors distrust ANPs, particularly in cases involving assault and family violence. They’re skeptical about the victim’s motives, and it’s relatively common for prosecutors to proceed with the case against your wishes.

How to Submit an Affidavit of Non-Prosecution

Completing and filing the paperwork is relatively simple.

Complete the affidavit: It must state that you don’t want to prosecute or cooperate. It should attest that all information provided is true and accurate, to the best of your knowledge, and must be signed under penalty of perjury. It must also be notarized.

File the affidavit: The District Attorney’s Office or a private attorney will need to file it on your behalf. If the defendant has retained an attorney, you can contact that attorney to discuss the next steps.

Prosecutor’s evaluation: Once an affidavit has been filed, the prosecutor evaluates the content of the affidavit and considers whether to proceed with the case. Criteria may include:

• Does the defendant have a criminal history?
• How strong is the evidence against the defendant?
• How severe are the allegations?
• Does the case involve a public safety threat?
• Is there a high amount of public interest in the case?
• Any other relevant factors

Information Included in the ANP

• Your name, address, and contact information
• Your relationship to the accused
• The reason you’re filing the request
• A statement that you don’t want to testify
• A statement that you’re signing the affidavit voluntarily
• A statement that you will not hold the prosecutor’s office liable for dismissing the charges later on. 

Where to Get an Affidavit of Non-Prosecution Form

You get the form from a criminal defense lawyer,  legal aid organizations, court offices, or local law enforcement agencies. It’s a relatively simple three-page document.

You can also download a printer-friendly copy of the paperwork. However, we recommend that you consult an attorney before determining your next steps. 

Potential Outcomes Of An ANP

There are a few possible outcomes once the affidavit has been filed:

• Complete dismissal: The prosecutor may file a motion to dismiss the charges
• Reduced charges: The prosecutor may offer a plea deal with reduced charges or punishment
• Prosecution decides to proceed: The prosecutor may decide to proceed with the case

Common Criminal Cases with ANPs

• Domestic/family violence
• Assault cases
• Theft or property crimes