To write an affidavit to drop charges, prepare a sworn written statement that identifies the case, states clearly that you do not want the prosecution to continue, confirms you are signing voluntarily, and gets signed in front of a notary public before being filed with the prosecutor’s office. The document is formally called an affidavit of non-prosecution. Before you spend time on it, know this: filing one does not guarantee dismissal. The prosecutor decides whether the case moves forward, not the victim or complaining witness.
What to Put in the Affidavit
A complete affidavit needs several specific pieces. Leave any of them out and the court has a reason to disregard it.
- Case caption at the top: the name of the court, the parties (for example, “The State of [Your State] v. [Defendant’s Name]”), and the case or docket number. All of this appears on paperwork you already received from the court or prosecutor’s office.
- Your identity: full legal name, address, and contact information. You are the “affiant,” the person swearing to the statement.
- The defendant’s full legal name as it appears in the case.
- A clear statement that you do not wish to pursue prosecution and want the charges dismissed. No special phrasing is required. Something like “I do not wish to pursue prosecution against [Defendant’s Name] in this matter and request that all charges be dismissed” is sufficient.
- A statement of voluntariness confirming you are signing freely, without threats, pressure, promises of payment, or coercion. This is not optional. Prosecutors look at this language closely, particularly where coerced recantations are common.
- A brief reason, if you want to give one. You are not required to explain, but a short line about restitution, a misunderstanding, or changed circumstances gives the prosecutor context.
- A liability release, in some jurisdictions. This clause releases the prosecutor’s office and law enforcement from civil liability if they dismiss based on your request. Not every jurisdiction expects it, but including it can remove a practical hurdle to dismissal.
Be careful with the wording of the facts. You can ask that charges be dropped without recanting what happened. “I do not wish to cooperate with prosecution and ask that the charges be dismissed” expresses a preference. “The incident never occurred,” if you previously told police the opposite, is a different statement entirely, and the difference matters legally. More on that below.
How to Format the Document
Title the document “Affidavit of Non-Prosecution” at the top, centered. Place the case caption immediately below. The body should be short, numbered paragraphs, each covering a single point. That is standard legal formatting and makes the document easy for the court and prosecutor to read.
A typical structure: Paragraph 1 identifies you and your role in the case. Paragraph 2 states your relationship to the defendant. Paragraph 3 makes your request for dismissal. Paragraph 4 addresses voluntariness. Paragraph 5 covers any additional context or the liability release. Adjust the count and order as needed, but keep each paragraph focused on one topic.
At the end, include a declaration under penalty of perjury. Federal law provides standard language: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date].”1Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury Below that, leave a signature line with space for your printed name and the date, and a separate block for the notary public to complete.
Signing and Notarizing
An affidavit is a sworn statement, and notarization is what makes it sworn. Do not sign before you are in front of a notary. The notary verifies your identity with a government-issued photo ID, confirms you are signing willingly, witnesses the signature, and completes the notarial certificate.
On an affidavit, that certificate is called a “jurat.” It reads something like: “Sworn to and subscribed before me this ___ day of _______, 20__.” The notary signs, dates, and stamps it with their official seal. Banks, UPS stores, law offices, and courthouses commonly offer notary services, often for a small fee.
Most states now allow remote online notarization by video call. Whether your court will accept a remotely notarized affidavit depends on local rules. If you are unsure, call the clerk’s office and ask. In-person notarization is always the safe choice.
Where to File It and What Happens Next
Once the affidavit is signed and notarized, file the original with the prosecutor’s office handling the case. The address appears on your court documents, or you can get it from the clerk of court. Make a copy of the executed document for your records before you hand over the original.
Expect a waiting period after filing. The prosecutor will review the affidavit, may contact you to confirm it is genuine, and then decide how to proceed. If they decide to dismiss, they file a motion with the court or enter a nolle prosequi, the formal abandonment of the prosecution. If they decide to continue, you may still be subpoenaed to testify. Refusing a subpoena can result in contempt of court, so ignoring one is not an option even after you have signed the affidavit.
Timelines vary. In a straightforward misdemeanor where your testimony was the primary evidence, dismissal can happen within a few weeks. In serious cases, the process can take much longer while the prosecutor reassesses the strength of the remaining evidence.
Perjury Risk When Writing the Affidavit
This is where people get into trouble without realizing it. Signing under penalty of perjury creates a sworn legal document. If you previously gave a recorded statement to police or testified under oath saying one thing, and the affidavit now says something materially different, you have created a contradiction the prosecutor will see.
Perjury is a federal crime carrying up to five years in prison.2Office of the Law Revision Counsel. 18 US Code 1621 – Perjury Generally The same penalty applies to false declarations made in connection with court proceedings.3Office of the Law Revision Counsel. 18 USC 1623 – False Declarations Before a Court or Grand Jury If your original report said the defendant hit you, and your affidavit says the incident never happened, one of those statements is false, and either version could serve as the basis for a perjury investigation against you.
The safer approach is to write the affidavit without contradicting your earlier account. Request that charges be dropped without recanting. If your earlier statements and current wishes seem to conflict, talk to a lawyer before signing anything. Many attorneys offer free or low-cost consultations, and victim advocacy organizations connected to the court system can often walk you through the process at no charge.
If Someone Is Pressuring You to Sign
If anyone is pressuring you to sign, that pressure may itself be a crime. Federal law makes it illegal to use intimidation, threats, or corrupt persuasion to influence a witness in an official proceeding. The penalties are severe: up to 20 years for threats of physical force and up to 30 years if physical force is actually used.4Office of the Law Revision Counsel. 18 USC 1512 – Tampering With a Witness, Victim, or an Informant Every state has its own witness tampering laws as well.
Prosecutors know coerced affidavits are common. When one arrives, one of the first things they evaluate is whether it is genuinely voluntary. Sudden changes of heart shortly before trial, language the victim is unlikely to have written, and signs of ongoing contact between the victim and defendant during a no-contact order are all red flags. If a prosecutor concludes the defendant coerced the affidavit, the result is often additional charges against the defendant rather than dismissal of the original ones. If you are being threatened or pressured, contact law enforcement or a local domestic violence hotline. No one has the legal right to make you sign.
Why the Prosecutor Decides, Not You
Criminal charges are brought by the government, not by an individual. When the crime was reported, the case became “The State versus the defendant,” not you versus the defendant.5United States Courts. Criminal Cases The prosecutor represents the community’s interest in public safety and has wide latitude in deciding whether to prosecute.6United States Department of Justice. Justice Manual 9-27.000 – Principles of Federal Prosecution
Your affidavit documents your wishes and signals that your cooperation at trial may be limited. The prosecutor weighs it against other factors: the seriousness of the offense, the defendant’s criminal history, whether there is enough evidence to prove the case without your testimony, and the broader public interest. If your testimony was the only meaningful evidence, your affidavit carries real weight. If police collected photographs, 911 recordings, witness statements, or a confession, the prosecutor may have everything needed to proceed without you.
A Note on Domestic Violence Cases
If the case involves domestic violence, filing an affidavit of non-prosecution is far less likely to result in dismissal than in other types of cases. Many prosecutor’s offices follow “no-drop” policies, continuing the case even when the victim asks for dismissal or refuses to testify. Prosecutors in these cases often build around 911 recordings, officer observations, documented injuries, and the defendant’s own statements. If the prosecutor can prove the defendant caused you to be unavailable through threats or manipulation, your prior statements to police may be admitted at trial anyway under the forfeiture-by-wrongdoing doctrine.7United States Department of Justice. Framework for Prosecutors to Strengthen Our National Response to Sexual Assault and Domestic Violence Writing the affidavit the right way still matters, but set expectations accordingly.