An affidavit in Texas indicating a declination to prosecute constitutes a sworn statement by a complaining witness in a criminal case, expressing their desire that the state not pursue charges against the defendant. It is often sought when the complaining witness no longer wishes to press charges, perhaps due to restitution, reconciliation, or a change in circumstances. This document, typically formatted as a PDF for accessibility and ease of distribution, is frequently sought online without cost.
The significance of such an affidavit lies in its potential influence on the prosecutor’s decision-making process. While it is not legally binding and does not guarantee the dismissal of charges, it carries considerable weight, particularly in cases where the complaining witness’s cooperation is crucial for a successful prosecution. Historically, these affidavits have provided a pathway for resolving minor offenses outside of formal court proceedings, promoting restorative justice and conserving judicial resources.
