Will an affidavit of non-prosecution get your assault case dismissed? My name is Justin Wilson. I’m the founder of My Dallas Criminal Lawyer, a criminal defense firm based in Frisco, Texas. This question about affidavits of non-prosecution comes up all the time for our Collin and Denton County clients. Before starting the firm, I served as a prosecutor in the Collin County District Attorney’s Office, so I know firsthand how prosecutors evaluate these sworn statements.
An Affidavit of Non-Prosecution Is Not a Magic Bullet
An affidavit of non-prosecution is not a magic bullet, and prosecutors won’t dismiss your case simply because we provide them with one. However, an affidavit of non-prosecution is an outstanding tool that we can use to convince prosecutors to dismiss your case before it goes to trial.
What an Affidavit of Non-Prosecution Is
Affidavits of non-prosecution are sworn statements in which the complainant expresses their desire for law enforcement not to prosecute the case.
What Makes an Affidavit of Non-Prosecution Powerful
If the sworn statement also addresses critical elements that prosecutors have to prove, such as bodily injury or impeding breath or blood flow, then the sworn statement becomes much more powerful.
Facing a Domestic Assault Charge in Collin or Denton County?
If you’re facing a domestic assault charge in Collin or Denton County, you need a defense attorney who knows how to get the most out of an affidavit of non-prosecution. Contact My Dallas Criminal Lawyer at (214) 764-5535 and book your free consultation today.
Learn more about how we defend these cases on our Frisco domestic violence defense page. You may also want to read about assault pretrial diversion in Denton County.
Frequently Asked Questions
Does an affidavit of non-prosecution automatically dismiss an assault case in Texas?
No. Prosecutors won’t dismiss a case simply because an affidavit of non-prosecution is provided. It is, however, an outstanding tool a defense attorney can use to convince prosecutors to dismiss the case before trial.
What is an affidavit of non-prosecution?
It is a sworn statement in which the complainant expresses their desire for law enforcement not to prosecute the case.
What makes an affidavit of non-prosecution more effective?
When the sworn statement also addresses critical elements prosecutors must prove, such as bodily injury or impeding breath or blood flow, it becomes much more powerful as a defense tool.
Should I get an attorney involved in preparing an affidavit of non-prosecution?
Yes. Getting the most out of an affidavit of non-prosecution requires a defense attorney who knows how prosecutors in your county evaluate them and what elements the statement should address.
