If you are a fan of the reality television show Big Brother, then you probably heard about Mike “Boogie” Malin’s plea to a felony stalking charge related to his fellow star Dr. Will Kirby, and the penalties associated with it. Those penalties are significant:

• $370 in fees and restitution (with additional restitution to be determined later)
• 3 days in jail
• 30 days in a residential treatment facility
• 2 years of probation with mandatory supervision by a probation officers
• 160 hours of community service
• Loss of the right to own, purchase, possess, or receive a firearm

Kirby, who filed a restraining order against Malin in 2019, had the order extended for another 10 years.

There is much about this case that is interesting, even if you have never seen an episode of Big Brother before, including Malin’s prior brushes with the law. We want to focus on two specific elements today: what stalking is, and what Malin’s nolo contendere plea means.

What is stalking?

Maryland defines stalking as “a malicious course of conduct that includes approaching or pursuing another where:

1. the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear:
   1. of serious bodily injury;
      1. of an assault in any degree;
      2. of rape or sexual offense as defined by §§ 3–303 through 3–308 of this title or attempted rape or sexual offense in any degree;

• of false imprisonment; or

1. of death; or

1. that a third person likely will suffer any of the acts listed in item (i) of this item; or

2. the person intends to cause or knows or reasonably should have known that the conduct would cause serious emotional distress to another.”

Under the law, stalking is misdemeanor crime, punishable by up to five years in prison and/or up to $5,000 in fines – a hefty penalty for a misdemeanor.

Maryland also has a criminal charge for harassment: “A person may not follow another in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other:

1. with the intent to harass, alarm, or annoy the other;
2. after receiving a reasonable warning or request to stop by or on behalf of the other; and
3. without a legal purpose.”

This, too, is a misdemeanor charge, though the penalties are less severe: up to 90 days in prison, and/or up to $500 in fines. A second offense will lead to up to 180 days in prison and/or up to $1,000 in fines.

Maryland does not have a felony stalking charge like California does, though the penalties for stalking in Maryland are almost exactly the same as the penalties associated with a felony stalking conviction in California.

What does nolo contendere mean?

Malin changed his original plea from “not guilty” to nolo contendere (from the Latin, meaning “no contest”). This plea allows a person to accept the conviction as if he or she had pled guilty, but without actually pleading guilty. In other words, the accused accepts the punishment without ever having to admit to an alleged crime. By choosing this plea, the accused waives his or her right to a trial.

It is worth noting that a nolo contendere plea will still end up on Malin’s record – and as we can see, he will still be subjected to all the penalties associated with a guilty plea or a trial loss. The benefit of this plea, however, is that prosecutors will sometimes offer a better deal if you choose to plead this way. It also makes proving civil liability more challenging for the plaintiff.

Though we are just speculating, that civil liability issue may have been a pressing point for Malin. He won a significant amount of money on “Big Brother: All Stars,” and was an owner of Dolce Group, which ran multiple restaurants. A successful civil case could strip Malin of all of his assets.

Did Malin get a good deal?

It depends. On the one hand, not only did he not plead “guilty,” but the penalties associated with his sentence are less severe – especially when it comes to prison time. This would be the case here as it would in California, because of how sentence reductions work.

In Maryland, “diminution credits” can be earned to reduce a prison sentence. (In the First Step Act, which applies to federal prisoners, those credits are called “good time credits.”) Generally, a prisoner can earn up to 30 days off his or her sentence per month (certain exceptions apply) for:

• Good conduct – up to 10 days per month
• Working – up to 5 days per month
• Special progress in a work assignment – up to 20 days per month
• Therapy and/or education – up to 5 days per month

Even if Malin earned a full 30 days’ worth of credits from the moment he started his sentence, he would still serve more time in prison than he will right now.

On the other hand, even though he did not plead guilty, he still has a felony conviction on his record. In Maryland, felony convictions can cost you your professional license, your security clearance, your right to carry a firearm, and from accessing government assistance for things like student loans or housing. That said, given that stalking is a misdemeanor crime here, many of those potential losses would not apply, though it could still prevent you from gaining employment in certain sectors (especially if you lose your right to carry, which can affect security clearances).

If you have been charged with stalking, the smart move is to work with an experienced criminal defense lawyer who can present you with options. Carey Law Office has the resources, skills, and knowledge to assist with any misdemeanor or felony charge. Contact us at one of our offices in Bowie, Crofton, or Owings by calling 301.464.2500, or by filling out our contact form.