A man suspected of stalking teen idol Miley Cyrus will not be charged with a felony after a Georgia grand jury found there was insufficent evidence.

Mark McLeod,53, an unemployed assistant plumber from Appling, Georgia, remained in jail on a bond of $55,200 that his lawyer, James Byrne, said he cannot afford.

McLeod has been under arrest since August 4 following two arrests during the summer when he was discovered on Tybee Island, where Cyrus was filming.

Chatham County district attorney Larry Chisolm, meanwhile, plans to lay misdemeanour charges of attempted stalking and disorderly conduct in a lower court.

Byrne said McLeod may suffer from mental delusions but did not pose a threat to Cyrus at any time: “The grand jury showed some common sense, which no one else in this case seems to have, which is there’s nothing to these charges. He didn’t stalk anyone, he didn’t threaten anyone. He acted strangely, and that’s why he’s in jail.”