I have been involved in the criminal justice system for much of my adult life- as a Probation Officer, Deputy District Attorney, Judge Pro Tempore, and for the past 23 years as a committed fighter for the rights of the accused in Shasta County.
Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
A: Without specific, articulable facts that create a reasonable suspicion that you are armed and/or dangerous, it is a violation of your 4th Amendment Right to be free from an unreasonable
search and seizure, to even be subject to a pat-down search. The facts as you present them don't justify the search. Get a good lawyer who will pursue a suppression motion (1538.5 P.C.)
A: You could be charged with a misdemeanor if you help him remain "missing" from his legal guardian. (272 P.C.) However, he could apply to the court for a declaration of Emancipation and be able to make his own decisions about where to live. He should have a work permit, and legal earnings; and his GED or be enrolled in school. There are Judicial Council forms and Info about the process (EM-100) available free online, and at your local courthouse.
A: If the prosecution doesn't have a victim in court at the time of trial (and no transcript of her testimony at a Preliminary Hearing), they will be unable to proceed, as the Constitutional right to confront and cross examine your accuser would be violated otherwise.
The DA could dismiss the case; Dismiss and refile once (if a serious felony);or Continue the trial and issue a warrant for the victim if they have proof of service of a subpoena. It depends on the particular DAs or their policy in your jurisdiction.
While a person must honor a subpoena that's been properly served or suffer the consequences, no court can imprison, put in custody or confine the victim of a domestic violence crime for contempt for refusing to testify concerning that crime under California
Code of Civil Procedure section 1219