Can You Be Arrested Based on Someone Else’s Statement in Washington?

It’s a question we hear often: “Can I really be arrested just because someone said I did something?” In short—yes, a person in Washington can be arrested based solely on another person’s statement. But that’s just the beginning of the story.

This issue comes up frequently in domestic violence, harassment, and assault cases—where there may be no physical evidence, no witnesses, and no recordings. It’s your word versus theirs. Here’s what you need to know about how statements, probable cause, and witness credibility interact in real-world arrests—and how you can defend yourself if you’re falsely accused.

Under Washington law, police officers can arrest someone without a warrant if they have probable cause to believe a crime has been committed. Probable cause doesn’t require proof beyond a reasonable doubt. It only requires enough facts and circumstances for a reasonable officer to believe a crime likely occurred and that the suspect committed it.

That means in many cases, one person’s statement—on its own—can be enough to establish probable cause and justify an arrest.

Example: If someone tells police, “My partner hit me during an argument,” and appears visibly upset or injured, an officer may arrest the alleged offender without seeing the act or speaking to anyone else.

Domestic Violence and Mandatory Arrest Laws

Washington State has some of the most aggressive domestic violence laws in the country. Under RCW 10.31.100(2)(c), if police have probable cause to believe that a domestic violence offense occurred within the past four hours, they are required to make an arrest—even if the victim later recants or asks them not to.

This can lead to:

  • Arrests based on incomplete or emotionally charged statements
  • Criminal charges even when the accuser refuses to testify
  • No-contact orders and loss of firearm rights before conviction

But What About Hearsay?

In court, hearsay (an out-of-court statement offered to prove the truth of the matter asserted) is generally inadmissible—but that’s a trial issue, not an arrest issue. Police and prosecutors can—and often do—rely on hearsay during investigations and charging decisions.

That said, defense attorneys can challenge hearsay-based allegations by:

  • Filing motions to exclude inadmissible hearsay at trial
  • Demanding the accuser’s live testimony under the Confrontation Clause
  • Exposing inconsistencies in the accuser’s statements
  • Subpoenaing texts, call logs, or surveillance footage that contradicts the claim

The Role of Witness Credibility

While one statement can lead to arrest, it may not hold up in court. Prosecutors know that jury trials hinge on credibility. If a witness changes their story, has a motive to lie, or lacks consistency, a skilled defense attorney can raise reasonable doubt.

Credibility issues may include:

  • Recanting or retracted statements
  • Evidence of bias (e.g., child custody disputes, revenge)
  • Lack of corroboration (no injuries, no witnesses, no physical evidence)

What If the Accuser Wants to Drop the Charges?

Unfortunately, that’s not up to them. Once charges are filed, only the prosecutor can decide whether to proceed. Even if the alleged victim changes their mind, the state may continue the case using recorded statements, bodycam footage, or officer testimony.

This is why having a strong legal defense is critical from day one.

How We Can Help

At the Law Office of Erin Bradley McAleer, we have extensive experience defending people who were arrested based on nothing more than someone else’s word. We know how to:

  • Challenge probable cause
  • Investigate hidden motives
  • Confront unreliable witnesses
  • Push for dismissal when the evidence doesn’t hold up

If you or a loved one has been arrested because of someone else’s statement, don’t assume the truth will speak for itself. Contact our office immediately for a confidential consultation. Your rights—and your future—may depend on it.