Will An Affidavit Of Non Prosecution Get My Assault Case Dismissed?
– KT, Texas
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.
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