My primary advice is that you are under no obligation NOR should you say ANYTHING to the police officers regarding the incident. As they are most likely recording the statements and/or could write them in such a way that a D.A. could allege that they are self-incriminatory.
In the meantime, your gf should file a claim with the EEOC, at
alleging that she is being subject to disparate treatment because of a protected characteristic, namely her gender. Furthermore, she can allege that due to her complaints
with HR, she has now been subject to extreme retaliation for exercising her rights, including the filing of a false police report
My best advice is just refuse to saying anything else to the police officers and wait for the EEOC to look into the matter. If she is terminated before either the police or the EEOC, finish their investigation
, she can file suit against her former employer for retaliation against her for filing a complaint, which was fully within her rights.
You do have a right to have a lawyer in any stage of criminal
proceedings, but since nothing has been filed as of yet, and as you suspect, it appears that the police are still looking for more evidence to try to support blaming your GF, you may want to retain a lawyer, but it won't be necessary to have a criminal lawyer ir/until charges are filed. And if they are, depending on your and her economic circumstances, she may be entitled to free representation by a public defender, if you would prefer to save your money in the interim.
Primarily, I give you this advice based on my own current client's experiences, in which his employer has attempted to file a police report against him, even though his employer owes him money for breaking the law and failing to pay him all the wages he was due upon termination.
Please let me know if you have any further Qs and best of luck!