APOPKA, Fla. – Apopka resident Carolyn Bonaventura made sure to follow up on the man who is charged with trespassing in her home a week ago.
Michael Maynard was arrested by Seminole County deputies after Bonaventura found him in her 4-year-old son's closet.
Deputies believe he was under the influence at the time of his arrest.
Bonaventura quickly discovered there was a discrepancy with his charge.
Jim Stevens with the Seminole County Sheriff's Office said Maynard was initially charged with trespassing under state Statute 810.09.
"Deals with trespassing to property and unoccupied structures versus Florida Statute 810 Section 8, which deals specifically with trespassing to occupied structures or conveyances, which is the statute the individual should have been charged under," Stevens said. "This is something that we are going to be able to correct immediately. They're both first-degree misdemeanors, so the discrepancy doesn't have any consequences or effect in terms of charges."
Stevens said this is a teachable moment for the Sheriff's Office.
He said all parties involved will be contacted to find out how the mistake was made.
"If this is an area where we have identified a mistake was made on our part, we are going to take every opportunity we can to correct it at every level, from whether that be the deputy on through anyone else who had a hand in the process that allowed the error to occur," Stevens said.
Bonaventura also voiced her frustration over Maynard's release.
She and her husband weren't listed as victims in the report, which means they weren't notified when he bonded out the day after his arrest.
According to Stevens, a trespassing charge doesn't warrant a notification.
He said notifications generally come with persons of crimes cases.
"Those are things like homicide cases, attempted homicide, any domestic-related cases, domestic battery, crimes that involve a sexual component to them, stalking cases -- things of that nature," Stevens said.
A representative with the sheriff's office and state attorney's office said someone would call Bonaventura to talk further about her concerns in the coming days.
In a statement to News 6, Bonaventura said, "I encourage other victims to really pay attention to the details of their case, and not hesitate to ask questions. Mistakes do happen and I commend the SCSO in admitting and correcting the error. I hope the state attorneys office can now follow through and allow us the state mandated victims rights we are entitled to."
Stevens said no matter the charge, a victim in a case can call the Sheriff''s Office and request to be made aware when a suspect posts bail. If they feel unsafe after the release, they can also call the sheriff's office to have extra patrols in their area.