United States v. Smith

REILLY, Chief Judge:

This is an appeal by the government from an order of a trial judge which, if permitted to stand, would require the courts of this jurisdiction to determine in advance of trial whether a first offender has a right not to be prosecuted for the crime with which he is charged. This case comes before the court in a somewhat unusual context.

The appellee (referred to herein as the “defendant”) was arrested and thereafter charged by information on March 8, 1974 with possession of marijuana — an offense defined as a misdemeanor by D.C.Code 1973, § 33-402. At that time, according to…