Affidavit Of Non Prosecution

Will An Affidavit Of Non Prosecution Get My Assault Case Dismissed?

- KT, Texas

Answer:

Not necessarily. An affidavit of non-prosecution from the alleged victim is generally a signed and notarized statement from the alleged victim. The statement may say that the alleged victim doesn't want the charges pursued. It may or may not say that the defendant assaulted the victim.

It may just say that the victim doesn't wish to prosecute the case. The prosecutor has the choice of whether or not to pursue the charges. If there are other witnesses the prosecutor may proceed with or without the victim. However, if the victim takes the stand, the affidavit may be used to attack the victim's credibility.

This answer does not constitute legal advice, which can only be rendered after a full consideration of the facts of your case which is not possible in this format; nor establish an attorney-client relationship, which can only be done after you and an attorney meet and agree on the terms of that relationship. This answer is intended solely to provide general information about the justice system. Further, it does not provide the basis for making decisions about a course of action. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication. Moreover, links to information on this site are for your convenience only and are not an endorsement or recommendation of those sites, and no responsibility is taken for any information at these linked sites, nor makes any representation or warranty with respect to these sites or the information contained therein.