getting out superior court

What is the name of your state? GA
My fiance was outside of a crown victoria with some females. A police pulled up and said he was impersonating a police officer and searched him. The females left while the authority were searching him. He got denied bond because he now has a trafficing charge. He wasn't in the car but when they searched they found drugs. His bond got denied but they say they have to let him go after 90 days because he hasn't been convicted of any charges. If the girl would tell them that she wasn't being harrassed then could the charges get dropped? And they are saying his case has to go to Superior court. How can a case skip recorders and state court, and can he get out of going to superior court?

Traficking is a felony, I'm pretty sure that impresonating a police officer is as well, and felonies are prosecuted in superior court. Recorders court and state court only handle misdemeanors.

Since no one seems to have alleged that he was harassing the women, I don't see how them saying that he wasn't harassing him would be an issue.

The first issue is going to be the reason that the police came into contact with him and whether or not he was intiailly detained or arrested. There are three levels of police citizen contact, voluntairy police citizen contact where the person is free to leave, investigative detention based on reasonable suspicion, and finally arrest based on probable cause. The details are sketchy here, and its hard to say if he was detained and whether or not that detention was lawful.

Next, they need to show possession of the car. Was he seen going in and out of it, did he admit driving it, is it registered to him, etc. That's going to be something that they're going to need to show to make a possession case.

The next issue is the search of the car. What was their legal authority to do it? Most criminals give the police consent to search their vehicles. In this case, I suppose it's possible that they arrested him near the car, and searched the car incident to arrest. Alternatively, they may have impounded the car, and done an impound inventory.

Some more detail would be helpful here.

The officer stopped because she said he was acting like a police and frisking the girl. That was her reason to search. The car has a spotlight that was on that the girl was messing with. She found a gun, and that was when she arrested him. He has a license for the firearm. while he was already in custody they searched the car. The car has no lights, stickers, or anything, he had no uniform or fake badge. She stopped because the officer said he was harrasing the girl, but when they came the girl left the scene.

It sounds like they had reasonable suspicion of criminal activity. That's enough to detain him. The officer doesn't have to be certain that a crime has been commited, he just needs to have reasonable suspicon that crimnal activity was occuring. The original suspicion may be wrong, but if he discovers that another crime occured, he can charge for that.

From there they might be able to articulate reaosnable suspicion that he might be armed, which wou,d authorize them to do a limited pat down of him and/or a search of the car for weapons.

Guns aren't licensed in Georgia.

Once they had him under arrest, they were authorized to search the car incident to arrest.

About the 90 day thing. The state has 90 days to take the case to grand jury if the defendant is in custody. It isn't 90 days until trial. You can read the code section here:

http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=17-7-50