Can I use an e-signature for this request?

Yes. Electronic signatures are generally valid under the ESIGN Act and UETA where applicable, provided the signature demonstrates intent, consent, attribution, and the record can be retained. Verify the prosecutorial office accepts e-submissions and follow any consumer disclosure requirements.

Is notarization or witness signature required?

Not generally required for most prosecutorial requests, but some jurisdictions or offices may prefer notarized statements or witness affidavits. Confirm local rules and consider notarization or RON when submitting sworn statements or if a self-proving affidavit is needed.

What if information changes after filing?

File a timely amendment or supplemental submission identifying changes and provide updated evidence. Notify the prosecutor's office promptly; failure to update material facts can harm credibility and obstruct consideration of diversion or nonprosecution.

Will this stop prosecution immediately?

No. A request asks a prosecutor to exercise discretion; it does not unilaterally dismiss charges. The office may investigate, request additional materials, offer diversion, or decline. Documenting remediation can influence but not guarantee a particular outcome.

How long until I get a response?

Response times vary by office caseload and complexity; expect anywhere from a few weeks to several months. If a statutory deadline or court schedule exists, note it on submission and follow up with polite status inquiries.

Does signNow meet eSignature legal and security standards?

signNow complies with ESIGN and UETA, supports HIPAA workflows with a BAA, and uses TLS 1.2/1.3 and AES-256 encryption. Organizations should verify the receiving prosecutor's acceptance of e-submissions before relying solely on digital transmission.

Electronic Signature
Templates
Legal
Legal Request not to Prosecute

Legal Request not to Prosecute

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

LEGAL REQUEST NOT TO PROSECUTE

This Legal Request not to Prosecute is submitted by Requestor Name: of Requestor Address: (hereinafter "Requestor"), to Prosecuting Authority: located at (hereinafter "Prosecutor"), regarding Case Number: , Defendant: . Incident Date: on the day of , .

Recitals

WHEREAS, Requestor is the individual who reported or is the identified victim or complainant in the above-referenced matter and has personal knowledge of the facts described in the Statement of Facts below; and

WHEREAS, the Prosecutor exercises independent prosecutorial discretion under applicable law and policies but may, in appropriate circumstances, consider a formal written request from a victim or interested person to decline prosecution, dismiss charges, or refrain from filing charges; and

WHEREAS, Requestor seeks to present a formal, signed and dated statement requesting that the Prosecutor exercise such discretion and not prosecute the matter described herein.

Now Therefore

NOW, THEREFORE, in consideration of the mutual acknowledgments and agreements set forth herein, and intending to be legally bound, the parties agree as follows:

1. Definitions

For purposes of this Request: "Charges" means any criminal complaint, information, indictment, or citation related to the facts described below; "Present Request" means this written request not to prosecute.

2. Request for Non-Prosecution

Requestor hereby formally requests that the Prosecutor decline to pursue criminal prosecution, dismiss any pending Charges, or otherwise refrain from filing Charges arising from the incident described herein. This Request is submitted on the basis that continued prosecution is unwarranted in the interest of justice for the reasons set forth in the Statement of Facts and the acknowledgments below.

3. Statement of Facts

Requestor provides the following concise, factual statement describing relevant circumstances, material facts, and reasons supporting this Request:

4. Acknowledgments by Requestor

Requestor acknowledges and agrees that:

a. The Prosecutor retains sole and independent discretion to accept or reject this Request. This Request does not bind the Prosecutor or any court and is not a plea, settlement, or disposition of charges.

b. Acceptance of this Request, if any, may be conditioned upon further inquiry, verification of facts, or additional terms as determined by the Prosecutor.

c. This Request may be presented to the court and may be attached to the file of any related criminal proceeding.

5. Waiver and Release

To the extent permitted by law, Requestor releases the Prosecutor, law enforcement agencies, and their agents from any civil liability arising solely from the decision of the Prosecutor to accept or decline this Request. This release does not waive any claim that arises from intentional misconduct, gross negligence, or actions taken outside the scope of official duties.

6. Withdrawal or Revocation of Request

Requestor may withdraw or revoke this Request at any time by delivering written notice to the Prosecutor at the address listed in the Notices section. Any withdrawal is effective upon actual receipt by the Prosecutor. Withdrawal does not obligate the Prosecutor to take any particular action and does not constitute certification or admission of any facts.

7. Confidentiality

Requestor understands that the contents of this Request may become part of a public record, judicial record, or law enforcement file. Requestor requests that the Prosecutor treat identifying or sensitive information as confidential to the extent permitted by law and prosecutorial policy, but acknowledges that the Prosecutor cannot guarantee nondisclosure when disclosure is required by law or court order.

8. Notices

All notices, requests, demands, or communications required or permitted under this Request must be in writing and delivered to the addresses below by hand delivery, certified mail, or other delivery method providing evidence of delivery.

Requestor Contact Information Prosecutor Contact for Notices

9. Representation

Requestor represents and certifies that the statements contained in the Statement of Facts are true and accurate to the best of Requestor's knowledge and that Requestor is authorized to make this Request. If Requestor is signing as an authorized representative of the victim, Requestor must describe the basis for representation and attach proof of authority to this Request.

If represented by counsel, Counsel Name and Contact

10. Governing Law; Entire Agreement; Severability

This Request shall be governed by and construed in accordance with the laws of the State of . This Request constitutes the entire written statement of Requestor to the Prosecutor regarding the subject matter and supersedes any prior written statements on the same subject. If any provision of this Request is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11. Amendments; Waiver; Counterparts

Except as otherwise provided, any amendment to this Request must be in writing and signed by Requestor. No failure or delay by the Prosecutor in exercising any right shall operate as a waiver. This Request may be executed in counterparts, each of which shall be deemed an original, and facsimile or electronic signatures shall be treated as originals for all purposes.

12. Certification

I certify under penalty of perjury under the laws of the State named above that the information contained in this Request and any attachments is true and correct to the best of my knowledge and belief.

Requestor:

By:

Date:

Relationship to Victim or Authority (if signing as representative):

Prosecuting Authority Representative:

By:

Date:

Title/Office:

What a Legal Request not to Prosecute Is

Legal Request not to Prosecute is a formal written request submitted to a prosecuting authority asking that criminal charges not be pursued against a named individual or entity. The document explains factual circumstances, legal arguments, mitigating factors, and any corrective actions, and often attaches supporting evidence or witness statements. It can be prepared by a defendant, defense counsel, victim, or third party and addressed to a district attorney, U.S. Attorney, or other prosecutorial office. This request does not unilaterally dismiss charges but asks prosecutorial discretion be exercised in favor of nonprosecution.

Why submitting a concise request matters

A Legal Request not to Prosecute presents mitigating facts, legal arguments, or alternative resolutions to persuade prosecutors to decline charges, reduce charges, or seek diversion; it helps preserve resources, avoid trial, and can reflect post-incident remediation.

Who typically prepares and submits these requests

Common preparers include defense attorneys, public defenders, prosecutors, victims, and advocacy organizations involved in diversion or restorative justice.

Defense counsel: frames legal arguments and submits supporting evidence on behalf of the accused.
Victims or family: request leniency or diversion when mitigating circumstances exist.
Advocacy groups: provide context, remediation plans, and resources for rehabilitation.

Submitting through counsel is common; prosecutors retain sole discretion and will weigh public interest, evidence, and statutory constraints.

Key roles that commonly sign or submit

Defense Attorney

Defense attorneys prepare factual summaries, cite legal authority, attach evidence, and propose alternatives such as diversion or restitution. They balance client interests with ethical obligations, ensuring the request accurately represents mitigation without misleading the prosecutor or the court.

Victim Advocate

Victim advocates may present victim statements, describe harm and forgiveness or reconciliation efforts, and propose restorative outcomes. Their input can influence prosecutorial assessment of public interest while documenting community-based remediation or restitution plans.

Security and compliance essentials for submissions

eSignature Law: Complies with ESIGN and UETA

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

HIPAA: BAA required for PHI workflows

Audit Trail: Timestamps, IPs, action history

Notarization: RON allowed where state permits

Retention: Records must be reproducible on demand

Primary risks and legal consequences to avoid

Rejection by Prosecutor: Request may be declined

Criminal Exposure: False statements risk prosecution

Civil Liability: Potential defamation or damages

Discovery Issues: Incomplete evidence harms credibility

Sanctions: Court sanctions for bad faith

Statute Limitations: Timing can affect relief

Common preparation mistakes to avoid

Failing to attach corroborating evidence such as witness statements, police reports, or medical records weakens the persuasive weight of the request and invites skepticism.
Using vague legal assertions without citing statutes, case law, or diversion program criteria reduces credibility and provides little guidance to prosecutors considering discretionary relief.
Submitting untimely requests after statutory deadlines, filing windows, or plea deadlines can render the request ineffective or procedurally barred.
Omitting signatures, dates, or clear petitioner contact information prevents follow-up and may cause the office to administratively close the file.

Step-by-step: Prepare and submit a clear request

Follow these steps to prepare and submit a clear Legal Request not to Prosecute promptly.

01

Collect Evidence: Gather police reports, medical records, witness statements.
02

Draft Statement: Explain facts, mitigation, remorse, and remedies offered.
03

Cite Authority: Reference statutes, diversion programs, or relevant case law.
04

Submit Properly: Address correct prosecutor and include contact and signature.

How the review and disposition process usually flows

Typical routing shows who receives and reviews a Legal Request not to Prosecute and how decisions are recorded.

Upload/Attach: Combine narrative with supporting exhibits.
Initial Review: Prosecutor evaluates factual sufficiency.
Intake Conference: Office may request meeting or supplemental materials.
Disposition: Decision recorded; alternatives offered or denial issued.

Core sections to include in a professional request

A professional Legal Request not to Prosecute organizes facts, legal analysis, supporting exhibits, remediation, signatory authority, and a clear requested disposition for prosecutorial review.

Cover Letter

Begin with a concise cover letter stating the case name, charges, estimated dates, the specific relief requested (non-prosecution, diversion, or dismissal), and the primary reason supporting that relief.

Factual Narrative

Provide a chronological, neutral summary of events with dates, involved parties, actions taken since the incident, and any admissions or exculpatory details the prosecutor should consider.

Legal Analysis

Identify applicable statutes, procedural bars, or diversion eligibility criteria, and explain how facts meet those standards or weigh against prosecution under prosecutorial discretion.

Supporting Evidence

Attach corroborating documents: police reports, medical records, corrected reports, restitution receipts, witness affidavits, or community letters showing rehabilitation or mitigating circumstances.

Remediation Plan

Describe completed and planned remedial steps such as counseling, restitution, community service, employment plans, or compliance measures to reduce future risk.

Signature Block

Include printed name, role, contact details, signature, date, and counsel information if applicable so the prosecutor can verify and follow up quickly.

Configure an online submission workflow

Set up an online workflow that captures signatures, attachments, authentication, and secure routing to the correct prosecutorial email or electronic intake portal.

Document upload and signature field	Configuration
Accepted file types and size limits	PDF, DOCX, JPG; 10MB max
Required attachments and evidence checklist	Set required flags for police reports, medical records.
Signer authentication and verification	Email link plus SMS code recommended.
Routing and notification recipients	Route to assigned prosecutor inbox; notify submitter.

Delivery channels and technical considerations

Choose a secure delivery method that ensures receipt by prosecutorial staff and preserves evidentiary integrity of attachments.

Email: Encrypted email with read receipt
Secure Portal: Submit via prosecutor portal
In-Person: Hand-deliver with signed receipt

Vendor pricing and feature snapshot for eSignature options

Basic vendor comparison for eSignature options relevant when preparing or routing a Legal Request not to Prosecute.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

How these requests are used in practice

Real-world examples illustrate how a Legal Request not to Prosecute can lead to diversion, dismissal, or alternative resolutions.

Public Defender Example

A public defender submitted a five-page narrative with witness affidavits and proof of restitution and treatment enrollment.

Prosecutor considered a diversion program referral.
After corroboration, the office offered a deferred prosecution agreement conditioned on counseling, community service, and independent verification; the defendant completed terms and charges were not pursued, avoiding trial and reducing collateral consequences.

Victim Reconciliation Example

A victim impact statement and mediated restitution proposal documented forgiveness and a community-based remedy with monitoring and reporting.

Prosecutor weighed public interest and victim input.
The prosecutor deferred charging pending successful restitution and compliance with a supervised restorative justice plan; case was administratively closed after verification, highlighting the role of documented remediation in charging decisions.

Practical tips to improve clarity and acceptance

Follow these practical tips to increase the chance a prosecuting office will accept and act on your request.

Be factual, concise, and specific

Frame a neutral, chronological narrative; avoid inflammatory language; emphasize verifiable facts, dates, and outcomes. Short, well-documented requests are more efficient for intake and review by prosecutors.

Attach corroborating documents and exhibits

Include police reports, medical records, receipts for restitution, witness affidavits, or certificates of program enrollment to substantiate claims and show remediation efforts.

Explain remediation steps and reduced risk

Detail completed and planned steps—counseling, restitution, job training, treatment—and explain how these measures materially reduce recidivism risk and address harm to the victim or community.

Respect prosecutorial discretion; keep professional tone

Acknowledge the office's discretion, state your requested outcome without entitlement, and offer to provide additional documentation; adversarial or accusatory language undermines cooperative resolutions.

Time-sensitive deadlines and scheduling considerations

Time-sensitive milestones affect acceptance; meet statutory limits, diversion windows, and any prosecutor-set deadlines promptly for review.

Statute of Limitations:

Verify applicable statute to avoid untimely filing.

Diversion Program Deadlines:

Many programs require referral before arraignment or plea deadlines.

Plea and Pretrial Deadlines:

Requests filed after plea deadlines may be untimely.

Prosecutor Response Window:

Response times vary; expect weeks to months.

Notarization Time Limits:

If notarized, ensure notary date matches submission rules.

Key milestones from submission to final disposition

Typical processing stages for a Legal Request not to Prosecute from submission through disposition and notification.

01

Submission

Request sent to intake; attachments included.

02

Initial Screening

Intake reviews completeness and jurisdictional authority.

03

Prosecutorial Review

Assigned attorney assesses facts and public interest.

04

Disposition or Follow-up

Decision issued; conditions offered or denial communicated.

Frequently asked questions about Legal Request not to Prosecute

Answers to common questions about preparation, submission, legal effect, and electronic handling of a Legal Request not to Prosecute.

Need help? Contact support

Can I use an e-signature for this request?
Yes. Electronic signatures are generally valid under the ESIGN Act and UETA where applicable, provided the signature demonstrates intent, consent, attribution, and the record can be retained. Verify the prosecutorial office accepts e-submissions and follow any consumer disclosure requirements.
Is notarization or witness signature required?
Not generally required for most prosecutorial requests, but some jurisdictions or offices may prefer notarized statements or witness affidavits. Confirm local rules and consider notarization or RON when submitting sworn statements or if a self-proving affidavit is needed.
What if information changes after filing?
File a timely amendment or supplemental submission identifying changes and provide updated evidence. Notify the prosecutor's office promptly; failure to update material facts can harm credibility and obstruct consideration of diversion or nonprosecution.
Will this stop prosecution immediately?
No. A request asks a prosecutor to exercise discretion; it does not unilaterally dismiss charges. The office may investigate, request additional materials, offer diversion, or decline. Documenting remediation can influence but not guarantee a particular outcome.
How long until I get a response?
Response times vary by office caseload and complexity; expect anywhere from a few weeks to several months. If a statutory deadline or court schedule exists, note it on submission and follow up with polite status inquiries.
Does signNow meet eSignature legal and security standards?
signNow complies with ESIGN and UETA, supports HIPAA workflows with a BAA, and uses TLS 1.2/1.3 and AES-256 encryption. Organizations should verify the receiving prosecutor's acceptance of e-submissions before relying solely on digital transmission.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now