After the indictment process starts can a non-prosecution affidavit be used before trial starts.
You would probably get betters answer in the right category. Changing to Criminal Defense.
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Yes you can. I had this situation a few months ago - and the complainant did not want to prosecute - my client was already indicted - and the complainant submitted an affidavit of non prosecution which the prosecutor asked me to obtain - and the case was dismissed. ( we had a defense to the charges as well). But the basic answer is yes.
Yes, I believe so as long as it is properly sworn to. However, the State does not have to abide by the wishes of any alleged victim. So just be aware of that. The State can still "pick up" the charges if they wish. Good luck to you.
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An ANP can and should be provided to the DA if one exists. The DA may or may not take that into consideration when deciding what to offer in the case. An ANP may be admissible at trial depending on how the testimony and evidence unfolds. However it may not be very useful, if it simply says, "I don't want him prosecuted." That statement is not evidence of anything relevant to the elements of the offense.
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Yes. An Affidavit of Non-Prosecution can be / should be used BEFORE trial starts. It can also be used in trial as impeachment evidence if the CW now wants to prosecute / as a prior inconsistent statement.
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I agree with the above answers that an AoNP can and should be used if available, and just wanted to add that if the complaining victim is willing to put in the time, I've found that a detailed AoNP laying out specific facts of the alleged confrontation is more effective than a general AoNP where the complaining witness only says they don't want the case prosecuted.
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