Fact-Checked: Why Trust Rittgers Rittgers & Nakajima A young nursing home employee and aspiring medical professional who is a full-time university pre-med student recently found herself in a troubling legal predicament. She was unexpectedly accused of and investigated for an assault after an unfortunate workplace incident.
The allegation was serious enough that police were genuinely considering charges—charges that could have jeopardized her education, employment, professional reputation, and future career in medicine.
But after a thorough and objective review of the available evidence, the allegation did not support criminal charges.
Our client had been asked by a patient’s family member to use air freshener in the patient’s room. When that same member later alleged our client intentionally sprayed her in the face with the air freshener, the situation quickly escalated into a police investigation.
Our client had done nothing wrong, but the allegation still placed her in a deeply stressful and potentially life-changing situation.
She wisely hired experienced legal counsel after a detective asked her to come to the police station for an interview, but before the matter was submitted to the prosecutor’s office for a charging decision.
We immediately stepped in to protect her from additional police questioning, obtained and reviewed the available reports and contemporaneous witness statements, communicated with the investigating detective, and presented the relevant facts and law to the prosecutor’s office.
The evidence showed at worst, an accidental incident occurred—not a knowing assault.
Last week, after reviewing the investigation and the information we presented, the prosecutor confirmed that no charges would be filed. Both the prosecutor’s office and police department closed the investigation. Understandably, our client felt the weight of the world lift from her shoulders and looming fear of a criminal prosecution and criminal record vanish.
This result protected far more than a case file. It helped protect this young woman’s education, work, reputation, and career in medicine.
How Could I Possibly Be Charged With a Crime If I Did Nothing Illegal?
Unfortunately, people are accused of crimes every day based on incomplete information, misunderstandings, or malicious motives. These unfortunate situations have one thing in common: allegations that are not supported by the evidence.
When police want to “just get your side of the story,” people understandably believe speaking immediately without first consulting with an experienced criminal defense lawyer will simply help clear everything up.
Sometimes your lawyer may decide that providing a statement is appropriate. But often, an unrepresented statement creates risks rather than solving problems—especially when the individual has already clearly denied engaging in criminal conduct.
A person who is shocked, frightened, or emotionally overwhelmed by an allegation reported against them may struggle to recall details quickly or may describe events imperfectly. Later, ordinary memory gaps or minor inconsistencies can be portrayed as credibility problems—even when the person is completely innocent. The problem becomes even more serious in a case with limited corroborating evidence, where credibility may become the central issue. For instance, in a he-said/she-said case (with no physical evidence or independent witnesses), whether somebody is charged or convicted may come down to credibility of the accused versus the credibility of the alleged victim.
The government bears the burden of proving a criminal charge. The Constitution also protects an accused’s right to remain silent. A person should not decide whether to speak with police without first consulting an experienced criminal defense lawyer.
That is why early representation matters.
Before charges are filed, an experienced criminal defense attorney can:
- Insulate the client from police questioning and communicate with investigators on the client’s behalf;
- Gather available documents, witness accounts, audio, video, or any other available evidence before charges are filed;
- Identify the applicable law and factual weaknesses in the accusation;
- Present the defense directly to police and prosecutors in an effort to prevent charges; and
- Help avoid unnecessary arrest warrants, protect constitutional rights, and develop a defense strategy early in the process.
Court-appointed counsel is generally not available during an investigation before someone is formally charged in court. By then, important opportunities may have already passed.
The Best Criminal Case Is the One That Is Never Filed
If you are being investigated for a crime you did not commit, do not assume the truth will automatically speak for itself. Speak with an experienced criminal defense lawyer as early as possible.
If you or someone you know needs to speak with an experienced criminal defense lawyer, contact the team at Rittgers Rittgers & Nakajima to schedule a free consultation at 513-496-0134.