He was held for nearly six months in jail and was released on Christmas Eve, after his bail of $7,000 was paid by the International Labor Defense, a legal organization affiliated with the Communist Party USA. An all-white jury found Herndon guilty at trial on January 18, 1933. Hired by the ILD, his young attorneys were Benjamin J. Davis Jr. and John H. Geer. The International Juridical Association provided support by reviewing their brief for Herndon. Herndon was sentenced to 18 to 20 years of hard labor "on the chain gang."