MICHAEL J.

WAXMAN
A TTORNEY ONE MONUMENT WAY, STE. 206 P.O. BOX 375 PORTLAND, MAINE 04112-0375 AT LAW . FACSIMILE
e-mail

(207) 772-9558 (207) 772-9567

mjwaxy@aol.com

4/8/2010

Maine District Court 205 Newbury St., P.O. Box 412 Portland, ME 04112 Attn: Michelle Re: Malenko v. Handrahan Docket #: FM-08-510

Dear Michelle: Enclosed please find documents showing the disposition of Mr. Malenko' s criminal case involving shoplifting. Please bring this to Judge Moskowitz's attention so that another hearing on the multiple Motions to Modify and regarding Relocation may be scheduled as soon as possible. Thank you for your attention to this matter.

Very truly yours,

Michael J . Waxman cc: Igor Malenko Bill Harwood, Esq.

STATE OF MAINE CUMBERLAND, ss STATE OF MAINE

v.

UNIFIED CRIMINAL DOCKET DOCKET NO: CUMCDAGREEMENT AND ORDER DEFERRING DISPOSITION

IGOR MALENKO 05-30-1972

I, IGOR MALENKO, do execute this agreement pursuant to Title l7-A M.R.S.A. 1348 et seq and state as follows: I understand the elements of the crime, the State's burden of proof and my rights 1. ,. to ajudge or jury trial, against self-incrimination and to confront and cross-examine witnesses, and I am giving up these rights. 2. /.11. I agree to plead guilty to the crime(s) Theft a class E crime. I agree that sentencing shall be deferred for six months, in exchange for which I shall abide by the deferment requirements set forth herein. I am waiving my right to a speedy sentencing under Maine Rules of Criminal Procedure 32 (a) (1). 3. I am not under the influence of any drugs or alcohol at this time. My ability to make an informed, knowing and voluntary decision is unimpaired.
I. H.

4. tH. I agree that these deferment requirements are reasonable and appropriate to assist
me to lead a law-abiding life.
5. j./-l I understand that it is my obligation to provide proof that I have complied with the conditions.

6. ,.J-f. I understand that if the Court finds that I have representations in connection with my compliance found in contempt and be sentenced to a period of days, a fine not to exceed $5000, or a combination 7.

knowingly made false with this agreement that I may be incarceration not to exceed 30 of both.

'.1'1. Except as otherwise provided in this agreement, I understand that I cannot withdraw my plea of guilty.

8. /. H I will advise the District Attorney and the above named court of any change in my address or telephone number within 24 hours of the change. 9. ).H. I will report to the Coordinator of Diversion and Rehabilitative Programs of the Cumberland County District Attorney's Office within seven days of today and then as directed. J. M I will appear in the above named court on the date and time I am notified to appear.

10.

II. /.,....I will refrain from all criminal conduct and violations of federal and state laws.
12.

I will identify myself as being on deferred disposition if arrested or questioned by law enforcement and notify the District Attorney's Office in writing of any contact with law enforcement within 96 hours of that contact.
J./-1.

13. (.H.

I will comply with all conditions of the Bail Order. 1 will complete the Shoplifters Alternative Program. I will not be present at Hannaford Stores.

14. /.11.

IS.
16.

I.M.

I.H I will complete 30 hours of community service at a location approved by the Office of the District Attorney.

17. I.H.

1 will pay a non-refundable supervisor fee of $50.00 to the Office of the District Attorney on the 3rd Wednesday of every month beginning on April 21, 2010 for the duration of this agreement. By signing this agreement, I affirm that I have the ability to pay this fee and acknowledge that I am responsible for finding and maintaining the necessary job(s) to meet this obligation. Additionally, I understand that any supervisor fees I have paid will not be refunded even if this Deferred Disposition is terminated early.

18. j.

H. I understand that if I meet all of the above requirements, the State will agree to my motion to withdraw my guilty plea and move the Court to dismiss this Theft charge. I understand if the State believes there is probable cause that a violation of this agreement has occurred the State can request the Court to issue a summons or a warrant for my appearance in court on a motion to terminate this agreement and that if it is determined that I failed to meet the above requirements, the Court may impose any authorized sentence.

I have read and understand this document, the rights I am waiving and the obligations 1 have agreed to undertake, and I hereby waive my right to have an attorney represent me in this matter. I waive/have consulted with an Attorney. Date: 0,//0':;-/..1.0/0 IGOR MALENKO

/~

As counsel for IGOR MALENKO, I have explained this procedure and agreement. I believe that she understands each provision of this agreement, has exe~uted this agreement knowingly and voluntarily, and that this agreement,is in his best inrerests.

ORDER The C~urt hereby finds that the deferment requirements set forth above are reasonable and appropriate to assist IGOR MALENKO to lead a law-abiding life. Sentence is hereby deferre( subject to the above requirements, which are effective immediately. Date:

--~l
ate:

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