How to Write an Affidavit to Prove Someone Is Not Guilty?

An affidavit is a written sworn statement.

An affidavit is a sworn statement outlining a set of facts. They are frequently submitted as evidence attached to court pleadings. Affidavits can be very useful in criminal cases, particularly if a defendant has an alibi or an eyewitness who can dispute the state's version of events. Attorneys or paralegals usually write affidavits after getting a narrative from the witness, so it's unlikely you'll be asked to write your own affidavit.

Things You'll Need

• Notary public
• Witness

Instructions

1. Talk to the defendant's lawyer about the specific information you need to convey. He may want you to emphasize some events and leave out others.

2. Type a clear, simple narrative of what happened. Avoid making any assertions that you aren't sure about, and don't provide any extra, unnecessary information. This information could ultimately be used by the prosecutor against the defendant.

3. Break your narrative down into simple, numbered statements of fact. Each assertion you made should be numbered and turned into an individual paragraph. This makes the affidavit easier to read and is the standard format for most documents submitted to a court.

4. Sign your affidavit. An unsigned affidavit is inadmissible in most jurisdictions. You should also include your address and contact information under your signature.

5. Have a notary public sign and notarize your affidavit. The notary public's signature serves as verification that no one forged your name and that you wrote the affidavit on the date you claim. Though not legally required, it's a good idea to have a witness sign your affidavit, as well. This lends credibility to your statement.

Tips & Warnings

• Never lie in an affidavit. If you are caught lying, you can be charged with perjury.

References

• "Criminal Law Examples and Explanations"; Richard G. Singer, John Q. La Fond; 2007
• "The Criminal Law Handbook"; Paul Bergman, Sara Berman; 2009