Legal Question in Criminal Law in Texas

The State is always the one pressing charges. A person can make a complaint to police and police investigate, prepare a report, and present the case to the DA but the DA decides whether or not charges will be filed.

An affidavit of nonprosecution is just a sworn document written and signed by the complainant in a criminal case saying they do not want charges to be persued against someone for whatever reason. It can be used in any type of case in which there is an identifiable complainant. Will it help? Maybe. Depends on the facts. (It does not usually help at all in family violence cases but it could help in other types of cases - like burglary - if the complainant has been made whole & there was some kind of dispute or something.) Talk to your lawyer about this. A defendant cannot contact the complainant or s/he could end up charged with witness tampering.