Category: Court Process · Statute: Practice Standard · Source: Florida Legislature
Understanding Affidavit of Non-Prosecution in Florida
In Florida, an Affidavit of Non-Prosecution (ANP) is a formal, notarized document signed by an alleged victim expressing their desire that the State Attorney's Office dismiss or decline to file criminal charges against the defendant. While most commonly utilized in domestic violence cases, an ANP can be drafted in various criminal matters where a specific victim is identified. The affidavit is a sworn statement, meaning the victim must sign it under penalty of perjury, confirming that they are requesting the drop of charges voluntarily and without any coercion, threats, or promises of payment from the defendant or third parties.
Crucially, under Florida law, crimes are considered offenses against the state, not just the individual victim. Consequently, the victim does not have the legal authority to "press" or "drop" charges; that power rests solely with the prosecutor. While a Florida State Attorney will carefully review an Affidavit of Non-Prosecution, they are not bound by it. Prosecutors often proceed with charges despite an ANP if they believe they have sufficient independent evidence, such as 911 audio recordings, body camera footage, physical evidence, or third-party eyewitness testimony, to secure a conviction.
How an Affidavit of Non-Prosecution Impacts Florida Bail
While an Affidavit of Non-Prosecution rarely results in an immediate dismissal at the first appearance hearing, it can heavily influence a judge's decision regarding pretrial release and bail modifications. Defense attorneys frequently present a signed ANP at a bond reduction hearing to demonstrate that the victim does not fear the defendant and supports their release. This sworn statement can persuade a Florida judge to lower the bail amount, remove a costly GPS monitoring requirement, or modify a strict "no contact" order to a "no hostile contact" order, allowing the defendant to return home while the case is pending.