AFFIDAVIT OF DESISTANCE FORM
Affidavit of Desistance is a document where the complainant states that he/she does not intend to institute the case and he/she is no longer interested in prosecuting or testifying in court.
It is a ground for dismissal of the criminal case only if the prosecutor can no longer prove the accused is guilty beyond reasonable doubt without the offended party’s testimony.
RECANTATION: A witness who already testified later declares that the statement he/she had given were not true.
The Effects of the Affidavit:
- It does not bar the State or the Government from prosecuting the criminal action
- It cannot justify dismissal of the complaint if made after (and not before) he institution of the criminal action.
- It operates as a waiver of the right to pursue civil indemnity.
- It does not obviate criminal liability if the act already committed constitutes a felony
AFFIDAVIT OF DESISTANCE
I, __________________________________, of legal age, ______________ (Marital Status), and a resident of ____________________________________________, after having duly sworn to in accordance with laws of the State of __________________________ hereby depose and state:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
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IN WITNESS WHEREOF, I hereby set my hand this ____________ day of _______, 20____ at the County of ___________.
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Signature of the Complainant
________________________________ ____________________________
Name and Signature of the Complainant’s Witness
SUBSCRIBED AND SWORN to before me this ______________ day of _______ 20____ .
_______________________________
Notary Signature
This type of affidavit is regarded as exceedingly unreliable and viewed with suspicion and reservation by the courts.
You must consult with a licensed attorney in your state of residence before using or signing any legal documents.
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, D.C., Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
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