David John Luca

David John Luca

4.9
Rating: 8.7

Licensed for 20 years

Divorce and separation Lawyer at San Jose, CA
Practice Areas: Divorce & Separation, Criminal Defense, Marriage & Prenuptials, Uncontested Divorce

1252 Park Avenue, San Jose, CA

About David

Biography

Practice Areas

4

Practice Areas

Divorce and Separation 45%

Experience in all areas of contested divorce and legal separation proceedings including inter and intra state jurisdictional issues, alimony, child support, custody, visitation, property division and valuation and division of complex stock options. Trial experience on all issues. Have also participated in numerous custody evaluations both through Family Court Services and with local private evaluators. Experience in restraining Order and civil harassment Order trials.

20 years | 950 cases

45%
Criminal Defense 40%

Experience in all aspects of criminal defense from misdemeanor domestic violence and driving under the influence cases to three strikes, violent crime and drug prosecutions. Well versed in criminal procedure including filing motions to suppress, researching and applying constitutional principles to criminal law and filing motions to dismiss. Experienced in all phases of criminal trial including jury selection strategy, direct/cross examination, jury instructions and closing argument.

20 years | 750 cases

40%
Marriage and Prenuptials 10%

Drafted various pre and post nuptial agreements to modify the principles and provisions of our community property law tailored to meet an individual's preference. Whether it is modifying the terms of alimony upon separation, protecting appreciation of separate property assets or confirming the separate status of a spouse-owned business, I have drafted it.

20 years | 300 cases

10%
Uncontested Divorce 5%

One of the areas of my practice I would like to see grow the most. The experience gained in a litigation setting directly impacts my effectiveness as a mediator. My attitude is that no problem is without a creative solution.

20 years | 250 cases

5%

Fees and Rates

Cost

Hourly Rates

$ 425-495 per hour


Payment Methods

  • Cash
  • Check
  • Credit Card

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Licenses

Licensed in California for 20 years

State: California

Acquired: 2005

Active

No misconduct found

Location

Law Offices of David J. Luca

1252 Park Avenue, San Jose, CA, 95126

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David John Luca's Reviews

Avvo Review Score

4.9 /5.0

119 Client Reviews

Showing 21 - 25 of 31 reviews | General Knowledge

Posted by anonymous | December 14, 2011 | Lawsuits & Disputes

Santa Clara County - Drunk in Public Case

Dave emailed, met, and discussed my case with me numerous times in the 2 month period of my preliminary court dates to the final decision. He made the experience very easy and was extremely professional. He appeared for me at court and clearly explained the multiple options that i could take to get t...he case dismissed. Our final meeting before the final court date he explained what was going to happen and the steps he had been taking to reassure me that the case would be resolved. I recommend his expertise to anyone in the same situation with their first DIP case. His knowledge and extremely upbeat personality is what drove me to choose him as a lawyer.

Posted by Philip | June 08, 2011 | Marriage & Prenuptials

A very good experience

I've been working on a post-nuptial agreement for about 4 years. Part of the reason it took that long is that its hard for a working professional with kids to come up with the time to do those things you know you have to do but aren't really excited about. The biggest reason it took that long is th...at a lot of attorneys have a strong financial incentive to be very critical of contracts created by or modified by other attorneys. Since each party needs representation from their own attorney, you end up going back and forth between lawyers with document revisions while racking up legal fees the entire way. At least that's the way it works until you meet David Luca. He was the first person I met willing to do my SPA for a completely reasonable flat rate. He talked me through the process during a free consult, agreed to handle revisions by my wife's attorney for no additional charge and completely explained the legal consequences and efficacy of the agreement my wife and I were about to enter into. I am lucky to have found David after 3 bad experiences and if I ever have the need for a family lawyer I know I have someone smart, experienced and personable to go back to.

Posted by Jason | October 27, 2010 | Divorce & Separation

My name is Jason Hayes and David Luca represented me in my divorce

David and I went through it with my soon to be ex wife and her legal team. We had many issues in the process, non of which I feel were either his or my fault. The ex's attorneys were not easy to work with and David kept me calm (best he could) and assured me everything will get done, and done right.... I don't know anyone that is close to me that has ever been through a divorce, so I went into this not knowing anything about the process. David was excellent in explaining and keeping me up to date on what was going on. I know it is never easy to do business with anyone when one side doesn't cooperate, and I think that was the most frustrating part of this whole experience for me. Once again that was not David's fault. One thing I truly appreciated was that I always felt like I was talking to an attorney who generally cared about my well-being. One problem I had is I watch quite a few movies; however, my initial outlook on "LAWYERS" has change since working with David.

Posted by Amy | October 27, 2010 | Criminal Defense

Excellent Choice!

At a time when I was in need of help, David Luca's expert handling of my case gave me the best outcome I could hope for. His competence and knowledge of the system was only outweighed by the skill in which he reduced the consequences of my mistake. He was very responsive and informative, and guided... me through a situation that was otherwise completely confusing. Trust me, I know other people who were in my past situation who got a bad lawyer and they paid a much higher price, both in time and money. If you want to be assured of the best outcome of your case, Mr. Luca is the lawyer you want.

Posted by anonymous | October 27, 2010 | Child Custody

Excellent!

The Luca Law firm is excellent!! I would use them anytime. They are all very professional, knowledgeable, and to the point. They took extensive time to do research and prepare for our custody court case. I would highly recommend them!

See All Client Reviews

David John Luca's Lawyer Endorsements

Endorse David
Nicole Fraser headshot
Nicole Fraser

Criminal defense lawyer | Apr 08

Relationship: Fellow lawyer in community

"I have worked with numerous defense attorneys over the years and David is a clear stand-out. David is an outstanding aggressive criminal defense attorney. He knowledgeably litigates the case for the best possible scenario for his client."

Steven Paul Cohn headshot
Steven Cohn

Divorce and separation lawyer | Jul 15

Relationship: Worked together on matter

"I endorse this lawyer.Mr. Luca has been recommended among my own clients, and I have made a number of past referrals to him with terrific results reported back to me. I continue to feel comfortable sending this capable attorney those in need of his skilled insight and advocacy. Besides being very good in a courtroom setting, he really is a nice guy, while fully able to bear down in a challenging cross examination. I highly regard this talented attorney."

Arlette Argyris headshot
Arlette Argyris

Family lawyer | Jul 05

Relationship: Opposing Counsel on matter

"David is extremely professional and a fierce advocate for his clients. He is always responsive and easy to work with. David is very knowledgeable about the law and dedicated to his clients. I endorse this lawyer."

Andrea Rene Mah headshot
Andrea Mah

Family lawyer | Jul 03

Relationship: Opposing Counsel on matter

"David is extremely professional and easy to work with. He is an excellent advocate for his clients. I endorse this lawyer."

Judy Lea Burger headshot
Judy Burger

Family lawyer | Jan 27

Relationship: Opposing Counsel on matter

"I endorse this lawyer. I have worked with David on a highly conflicted custody and divorce matter. He is a strong advocate, knowledgeable and smart."

Victor Knapp headshot
Victor Knapp

Criminal defense lawyer | Jan 15

Relationship: Worked together on matter

"Had a very complex case that required the involvement of a sharp Criminal Defense Lawyer in San Jose. Was referred to David by a trusted collegue and what a GodSent he is. A very smart man and a even smarter lawyer!"

Richard Alan Wingerden headshot
Richard Wingerden

Criminal defense lawyer | Oct 15

Relationship: Fellow lawyer in community

"I endorse this lawyer. I have had the opportunity to witness his work in the courtroom and have found him to be diligent and hardworking. He is well respected in the legal community."

Christopher Duane Hirz headshot
Christopher Hirz

Divorce and separation lawyer | May 26

Relationship: Opposing Counsel on matter

"I have worked with David many times. He is an aggressive advocate for his clients and is extremely knowledgeable of the law."

Andrew George Marcellino headshot
Andrew Marcellino

Unknown lawyer | Jul 03

Relationship: Fellow lawyer in community

"I endorse this lawyer."

Michael S. Waddington headshot
Michael Waddington

Criminal defense lawyer | May 23

Relationship: Fellow lawyer in community

"I endorse David. He is a highly skilled attorney that is well respected in the legal community."

Rory S. Coetzee headshot
Rory Coetzee

Divorce and separation lawyer | Jan 18

Relationship: Fellow lawyer in community

"I endorse this lawyer."

James Justin Steinle headshot
James Steinle

Divorce and separation lawyer | Dec 06

Relationship: Fellow lawyer in community

"I endorse this lawyer."

Thomas Nicholas Cvietkovich headshot
Thomas Cvietkovich

Criminal defense lawyer | Jul 18

Relationship: Fellow lawyer in community

"Dave knows his stuff! He works really hard for his clients and does good battle in the courtroom when necessary."

Daniel Jensen headshot
Daniel Jensen

Criminal defense lawyer | Feb 28

Relationship: Fellow lawyer in community

"I endorse this lawyer. I have watched David on numerous occasions in court and find him to be one of the best young attorneys in Santa Clara County. He has a good balance of poise, aggressiveness and street smarts."

Evelyn M Rodriguez headshot
Evelyn Rodriguez

Family lawyer | Apr 12

Relationship: Opposing Counsel on matter

"I endorse this lawyer's work."

View All Endorsements
Arlette Argyris headshot
Arlette Argyris

Family lawyer

Andrea Rene Mah headshot
Andrea Mah

Family lawyer

Karen Marie Hubbell headshot
Karen Hubbell

Family lawyer

Judy Lea Burger headshot
Judy Burger

Family lawyer

Victor Knapp headshot
Victor Knapp

Criminal defense lawyer

Jeffrey D. Cohen headshot
Jeffrey Cohen

Criminal defense lawyer

Richard Alan Wingerden headshot
Richard Wingerden

Criminal defense lawyer

Christopher Duane Hirz headshot
Christopher Hirz

Family lawyer

Raul Armando Ray headshot
Raul Ray

Immigration lawyer

Steven Allen Dinneen headshot
Steven Dinneen

Family lawyer

Rory S. Coetzee headshot
Rory Coetzee

Family lawyer

James Justin Steinle headshot
James Steinle

Family lawyer

Steven Paul Cohn headshot
Steven Cohn

Employment and labor lawyer

Daniel Jensen headshot
Daniel Jensen

Criminal defense lawyer

Nicole Fraser headshot
Nicole Fraser

Family lawyer

Experience

Rating:  8.7 (Excellent)

Honors

2004

Honors Moot Court Runner-Up for Best Oral Argument, Santa Clara University School of Law

2004

Witkin Award for Academic Excellence in Evidence, Santa Clara University School of Law

2004

Witkin Award for Academic Excellence in Constitutional Law, Santa Clara University School of Law

Work Experience

2005 - Present

Attorney, Law Offices of David J. Luca

Associations

2007 - Present

Federal Court; Northern District of CA

Admitted Attorney

2005 - Present

Santa Clara County Bar Association

Member

2005 - Present

National Association of Criminal Defense Lawyers

Member

Sample of Legal Cases

D.S. & D.H.

Move-Away to Minnesota Granted

People v. A.R.

Not Guilty Verdict

People v. L.P.

Not Guilty Verdict/Lesser Crime

See More Legal Cases

Education

2005

Santa Clara University School of Law

Juris Doctor

2001

University of California Santa Barbara

Bachelor of Arts

Speaking Engagements

2007

Santa Clara County Bar Association Continuing Education

Understanding Criminal Law and Domestic Violence Prosecutions as they Relate to Family Law

Languages

English

Activity

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