Major Drugs Unit

According to the FBI's Uniform Crime Reports, in 2000, there were 1,579,566 state and local arrests for drug abuse violations in the United States and drug abuse violations account for the single largest category of arrest offenses. So, as is the case in nearly every urban jurisdiction in the nation, illegal drugs are a major problem in Fulton County. The illegal drug market is also a proven catalyst for other crimes, with drug-users accounting for many property crimes such as burglary and theft. Drug-sellers, in turn, are involved in a variety of violent crimes such as homicide and aggravated assault. Conservative estimates suggest that 60% of the murder cases being prosecuted by this Office are in some way drug-related.

Further demonstrating the pervasive connection between illegal drugs and crime in our community, statistics from the National Institute of Justice show that, in every major category of criminal offenses, anywhere from nearly 60% to over 90% of arrestees tested positive for illegal drugs at the time they were detained.

In response to the enormity of this drug problem, many police departments-including Fulton County and City of Atlanta-have established specialized units to aid in the detection and arrest of traffickers and users. Historically, however, there has been an unfortunate disconnect between the priorities of the police departments and those of the District Attorney's Office. For assistant district attorneys, enormous caseloads (leading to limited case preparation time and the need to dispose of cases quickly) often made the prosecution of drug cases a low priority. In 1996 alone, of 3,868 drug cases disposed, 559 were dead docketed while another 1,977 were allowed to plead guilty to lesser offenses with the majority of these placed on probation. For many drug-users and sellers in Fulton County, this approach amounted to a de facto legalization of their behaviors.

Recognizing this, District Attorney Paul Howard created a Major Drugs Unit in 1998 in order to make the prosecution of drug offenses a priority. Working closely with law enforcement throughout the County, this specialized unit focuses upon the immediate investigation, charging, preparation, and trial of major drug trafficking and possession cases. The Unit also works with Fulton County's Drug Court and is responsible for forfeitures/seizures of property and weapons.
Prosecutors assigned to the unit are well versed in the State's search and seizure statutes and can provide immediate guidance to police officers dealing with these crimes. By working with police from the beginning, the unit ensures that cases are well prepared to withstand inevitable-and often deadly-motions to suppress. (In the majority of drug cases, once lab results have confirmed that the substance in question is an illegal one, the question for prosecutors is whether or not proper search and seizure methods were followed by the arresting officers. Direction from and training by prosecutors insures that officers follow the proper procedures.)

This year, the unit began working closely with the Community Prosecutor on a new initiative, "Neighborhood Fresh Start." This program focuses on the closing and seizure of known crack houses or other properties where illegal drugs are sold or used. These properties, often residential, are then refurbished, provided free-of-charge to a law enforcement officer for one year, and subsequently re-sold to new owners in a focused attempt to revitalize neighborhoods blighted by illegal drugs.