phone: 312-909-0434

Practice Areas

Josh Herman’s practice areas cover a wide range of federal and state criminal matters at all levels--investigation, trial, appeal, and post-conviction.

Federal Criminal Defense
Josh Herman has experience in a wide range of federal crimes, including terrorism offenses, including material support for terrorism and the attempted use of weapons of mass destruction; wire and mail fraud; bank fraud; mortgage fraud; securities fraud and related violations; health care fraud; money laundering; tax evasion; tax fraud; federal theft cases; aggravated identity theft; charges under the Racketeer Influenced and Corrupt Organizations Act (RICO); federal crimes of violence, including in aid of racketeering (VICAR) and assaults; and narcotics offenses; firearms offenses; immigration offenses; violations of the International Emergency Economic Powers Act (IEEPA); charges involving agents of foreign governments; political corruption cases, including matters involving bribery and honest services charges; compassionate release and prison litigation; complex Fourth amendment litigation involving Title III issues, border searches, cell phone searches, and other cutting-edge government surveillance practices; forfeiture proceedings raised in connection with federal criminal cases and also brought separately after federal agencies seize money and property; and post-conviction and federal habeas corpus matters. In many of these cases, criminal law overlaps with constitutional civil liberty issues. Josh has extensive experience with the Federal Sentencing Guidelines, as well as other often evolving complex federal sentencing issues.
National Security Law
Josh Herman dedicates a significant amount of his practice to matters involving national security law, particularly to cases and investigations involving individuals who have been charged under federal terrorism statutes, most commonly those accused of attempting to provide material support for terrorists or terrorist organizations. These matters typically require possession of a security clearance to review key material, and often involve international investigations, particularly in areas of overseas conflict. Josh has extensive experiencing litigating complex matters under the Foreign Intelligence Surveillance Act (FISA) and the FISA Amendments Act (FAA), as well as the Classified Information Procedures Act (CIPA). He has also defended cases involving allegations of espionage and counterintelligence investigations
State Criminal Defense
Josh Herman also practices in state court, primarily in Illinois, and defends matters involving fraud; narcotics offenses; violent crimes, homicide; kidnapping; child abduction and endangerment; sex offenses; firearm offenses; property offenses; theft; battery; assault; animal cruelty; domestic violence; and forfeiture proceedings. Josh also has experience representing individuals in order of protection proceedings. He also represents individuals during investigations involving the Department of Children and Family Services (DCFS). He has represented and successfully defended many educators who have been accused of wrongdoing in interactions with students. He frequently represents protestors and other individuals who are arrested and charged while engaged in protected First Amendment assembly and expression. He has extensive experience with specialty and diversion programs, particularly in Cook County, and has successfully helped numerous clients avoid the consequences of criminal prosecution through participation in diversion programs. He has defended many clients with mental health issues and navigated the complicated mental health laws, including by successfully raising the defense of not guilty by reason of insanity. His practice includes post-conviction litigation, which brings actions to help secure new trials or exoneration of convicted individuals based on new evidence or constitutional errors in their prior trials and appeals. Additionally, Josh actively helps individuals expunge and seal criminal records so they can move forward with their lives, unencumbered by prior arrests and convictions.
Grand Jury and Internal Investigations
Josh Herman represents individuals and companies who have been contacted by federal or state agents, prosecutors, and regulatory authorities. These investigatory matters include representing individuals who are likely to face criminal prosecution, as well as those who are viewed as witnesses and seek assurances about and protection against the threat of criminal exposure. These matters include challenging or responding to grand jury subpoenas, which often requires time-sensitive review of documents, emails, and document and computer storage systems in order to ensure full compliance with the subpoenas or other administrative process. Josh has also assisted individuals, companies, and professional organizations, both large and small, conduct internal investigations when potential criminal and regulatory matters are discovered or self-reported. These matters often involve implementing strategies to protect professional and business licenses.
Appellate Practice
Josh Herman has an active appellate practice in the federal and state court. In addition to Illinois, he is admitted to practice in the Sixth and Seventh Circuit Court of Appeals, and has assisted with amicus briefs and petitions for certiorari in numerous other jurisdictions, including the United States Supreme Court. His appellate practice also includes post-conviction cases at the state and federal level.
Constitutional Litigation
Running throughout Josh Herman’s practice is a deep concern for protecting the constitutional rights and civil liberties of individuals. This mandate is embodied in the practice of criminal defense itself. But a significant portion of Josh's practice is dedicated to representing individuals who have been charged with offenses arising from the exercise of protected First Amendment rights or the expression of political viewpoints. He has represented many political activists and advises organizations that are often engaged in political advocacy. Many of these matters involve representation in matters that are not purely criminal, particularly when it is necessary to proactively defend the privacy rights and First Amendment rights of individuals, often from disfavored and politically unpopular groups, against the encroachment and surveillance of federal and state authorities.
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