ASHEVILLE - A Candler woman was investigated and charged with a felony for allegedly using drugs while pregnant, a circumstance that an attorney with the ACLU of North Carolina called "a gross misapplication of the law," but District Attorney Todd Williams told the Citizen Times July 27 that the charge is going to be dismissed.
Jessica Hoglen, 36, came under investigation July 1 while incarcerated at the Buncombe County Detention Facility, according to search warrant documents filed July 8 by Buncombe County Sheriff's Office Detective Timothy Teves.
Hoglen, who was then eight months pregnant, was booked into jail July 1 after she allegedly failed a drug test administered by a probation officer, Teves wrote.
That day, a deputy responded to the jail
after a report that Hoglen had been ingesting fentanyl, Teves wrote.
Hoglen was then taken to Mission Hospital "to be medically evaluated and to check the condition of her child," Teves wrote. She was later released from Mission and taken back to jail.
The search
Teves asked for a search warrant for Hoglen's medical records, stating the evidence was material to the investigation on charges of exposing a child to a controlled substance and misdemeanor child abuse. The medical records subject to the search included emergency department, impatient, outpatient charts and records, hospital charts and records, laboratory and special reports, medication and treatment reports, admission records, information pertaining to health diagnosis or treatment, records of surgery, records from any scans conducted, diagnosis and medical history, toxicology records, prescriptions, physicians notes, progress notes and social worker notes.
Hoglen's arrest
According to an arrest warrant filed July 14, Hoglen was arrested and charged with felony exposing a child to a controlled substance and misdemeanor child abuse. On the arrest warrant, the age of the child allegedly exposed to drugs is listed as "approximately 8 months pregnant years old."
Hoglen is accused of exposing her newborn to fentanyl, cocaine and methamphetamine, according to the arrest warrant.
Hoglen's attorney, Virginia Hebert, said in a text message July 27 that she wanted to speak with Hoglen before commenting. She did not respond to further inquiries from the Citizen Times.
Hoglen could not be reached for comment.
The Buncombe County Sheriff's Office did not directly respond to questions posed July 27 by the Citizen Times, except to say that the criminal investigation was still pending and the charges were filed after Hoglen's baby was born.
District Attorney Todd Williams said that the Sheriff's Office did not consult with the District Attorney's Office before issuing the charge. He decided to dismiss the charge July 27 after an inquiry from the Citizen Times.
"In an ideal world, the Sheriff's Office would consult with us in regard to serious criminal prosecutions, but they're not required to," Williams said.
In dismissal paperwork filed July 27, prosecutors state that under the charging statute in the case, a "child" is defined as a person less than 16 years of age, but in Hoglen's case, the alleged victim was unborn. The dismissal also cites N.C.G.S. 14-23, which defines an unborn child and prohibits prosecuting a pregnant woman for offenses committed against her own unborn child. The dismissal states that the state lacks probable cause to proceed in the case.
Williams added that he has been involved in conversations with a national group of prosecutors that have been working on reproductive health issues and how to address them outside of a criminal context.
What the law says
Liz Barber, director of policy and advocacy for the ACLU of North Carolina, told the Citizen Times July 27 that she hasn't heard of another woman in North Carolina being arrested under those circumstances.
"I have not heard of or seen a case where a pregnant woman is charged criminally for taking drugs," Barber said. "I think that it has happened in other states. I think that some other states even have laws on the books, particularly in states where there are total abortion bans."
She said that after the U.S. Supreme Court ruled that Americans no longer had a constitutional right to an abortion, there has been more criminalization of pregnancy nationwide, particularly in the southeast and the Deep South.
However, Barber said that Hoglen's case was "a gross misapplication of the law" in North Carolina, as the statutes that Hoglen was charged under apply to children that have already been born, not a fetus. The statute that criminalizes exposing a child to a controlled substance is a relatively new law that was passed in July 2025, Barber said.
Fetal personhood
Hoglen's arrest has implications for the broader push for fetal personhood among some in North Carolina, Barber said.
In May 2026, legislation was introduced in the N.C. House that would have let N.C. voters decide whether to amend the state Constitution to declare that life begins at conception. House Bill 1232, if passed, also would have classified abortion as murder and legalized deadly force against people seeking abortions. After enormous public outcry, Rep. Ben Moss (R-Richmond) removed himself as a primary sponsor of the bill. The legislation stalled in committee.
"I think it's very clear that they don't have the appetite for that kind of bill," Barber said of the legislature. "I also think it was made very clear by the people of North Carolina that it's a hugely unpopular move in our state."
Barber said that if the prosecution against Hoglen had succeeded and Hoglen was convicted on those charges, her conviction would "most certainly" be appealed. If upheld by an appeals court, it could set "a really dangerous precedent" in N.C. that a fetus should be treated as a person, essentially legally enacting fetal personhood.
Barber said that in the criminalization of pregnancy nationwide, racism and structural inequality are going to lead to the increased prosecution of people of color, immigrants, transgender people, "and folks just working to make ends meet."
Barber added that if the legal theory under which Hoglen was charged expands, people who use drugs will be afraid to go to the doctor if pregnant.
"I think that it will lead to women, particularly women of color, if they experience pregnancy loss being afraid to seek medical care, because they're already going through a trauma and then they're worried about a criminal investigation as to what led to their loss," she said, adding again that there are broader implications for fetal personhood laws in North Carolina.
"I think we're a long way from that," she added.
Kara Fohner is the Public Safety Reporter for the Asheville Citizen Times. Email her at kfohner@usatodayco.com.
This article originally appeared on Asheville Citizen Times: DA seeks dismissal of Candler woman's alleged prenatal drug use charge
