Kim Blalock has suffered from chronic back pain for years, and was using a prescribed opiate to manage the pain.
Eight months ago, Blalock gave birth to her sixth child at the North Alabama Medical Center.
However, a routine blood test on her newborn baby boy showed he tested positive for opiates.
"She started using her pain medication about six weeks before she gave birth," explains one of her attorneys, Dana Sussman.
For years Blalock has been prescribed pain medication to manage her chronic back pain. She stopped taking her prescription when she found out she was pregnant, but refilled it about six weeks before giving birth when the pain became unbearable.
However, when refilling that prescription, she failed to tell her doctor she was pregnant.
"For there to be a felony charge because she failed to disclose a pregnancy for which she was not asked about is remarkably drastic and punitive in this situation," says Sussman.
Blalock's attorney says the doctor didn't ask Blalock if she was pregnant, but Lauderdale County District Attorney Chris Connolly says it was her responsibility to let the doctor know.
The DA is charging Blalock with unlawful possession of a controlled substance by fraud for failing to tell her doctor she was pregnant when she refilled her prescription.
Sussman says, "If this case moves forward and she is convicted on this charge, any woman in Alabama, will be - could be charged or arrested with prescription fraud for failing to disclose a pregnancy when they are seeking medical care, even if they are not asked."
Connolly says they are not trying to send Blalock to jail, their goal is to address a chronic problem and help her get through it.
The DA offered Blalock a free trial diversion, also known as deferred prosecution, where Blalock would be monitored and required to have random drug tests for at least one year. Afterward, her charges would be dismissed.
But Blalock's attorney argues she doesn't have a drug problem.
"This supposes that our client has a drug problem, and what we know is that she does not. She has a valid prescription for pain medicine to treat a condition that she has," says Sussman.
Blalock's attorneys are currently reviewing the deferred prosecution offer, but reiterated that the charge assumes Blalock has a drug problem, and they argue she is just using the opiates that she was prescribed.