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A written statement given to police isn't always the final word, even if the person who wrote it changes their story later. We help clients understand what these statements can and cannot do in court.
Legally reviewed by Roger Priest · September 24, 2026
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A written or recorded statement is not automatically admitted or excluded. Washington evidence rules, the circumstances in which the statement was made, and the federal and state confrontation rights all matter. Under ER 801(d)(1)(i), a witness's prior inconsistent statement may be treated as nonhearsay when the witness testifies, is subject to cross-examination, and the prior statement was given under oath subject to penalty of perjury at a trial, hearing, other proceeding, or deposition.
Washington's decision in State v. Smith addresses when a sworn written statement may qualify and requires close attention to reliability and the way the statement was obtained.
A separate confrontation analysis applies to testimonial statements offered against a defendant. If the declarant does not testify, Crawford v. Washington generally bars a testimonial statement unless the declarant is unavailable and the defendant previously had an opportunity for cross-examination.
Whether a statement is testimonial depends on its primary purpose and context, and recognized doctrines such as forfeiture by wrongdoing can affect the analysis. Non-testimonial statements remain subject to the evidence rules even when the confrontation clause does not bar them.
Counsel may examine whether the statement was sworn, voluntary, based on personal knowledge, accurately recorded, inconsistent with trial testimony, and made under circumstances carrying adequate guarantees of reliability. Those issues can support an objection or affect weight, but no single fact guarantees exclusion.
These government sources support the general legal information on this page. The facts and current documents in an individual case control the legal analysis.
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FAQ
It depends. A testimonial statement generally triggers the confrontation rule described in Crawford, while a non-testimonial statement is analyzed under the evidence rules. Exceptions and doctrines such as prior cross-examination or forfeiture can matter, so the answer cannot be stated categorically without reviewing the statement and how it was obtained.
Counsel may examine whether the statement was sworn, voluntary, based on personal knowledge, accurately recorded, inconsistent with trial testimony, and made under circumstances carrying adequate guarantees of reliability. No single fact guarantees exclusion.
People change their accounts for many reasons. Sometimes more was said than actually happened during a stressful call, sometimes to protect themselves, and sometimes because the situation was more complicated than a single statement could capture. A recantation raises real questions for a jury to weigh.
Contact us
Free consultation. Available 24/7. We quote a flat fee up front and offer payment plans on most cases. The number we quote is the number you pay, no matter how many hearings your case takes.