Name: David John Luca
Address: 1252 Park Avenue, San Jose, CA, 95126, US
Telephone: Not Available
Price range: $ 425-495 per hour
Rating: 4.9

About David

Biography

My practice focuses on all aspects of family and criminal law, including case evaluation, alternative dispute resolution, formal discovery, motion work, trial, post-trial, and appellate matters. I have been licensed as an attorney in the State of California since 2005, am admitted to practice law in all California Superior and Appellate Courts, and have been admitted to practice in the United States District Court for the Northern District of California.

In the arena of family law, I have been involved in every type of family law issue imaginable. I have litigated restraining orders, custody and visitation, spousal support, child support, complex issues of property division, reimbursement claims, separate property claims, validity of pre and post nuptial agreements, etc. I have participated in trials covering all issues presented in family Court. I also serve as a volunteer arbitrator, mediator for the Court, and Temporary Judge. I have a very good working relationship with local Judges, Court staff, and even opposing attorneys.

In my criminal law practice, I have worked both misdemeanor and felony cases, representing clients charged with everything from misdemeanor domestic violence, driving under the influence, theft, etc. to more serious matters such as felony battery, assault, grand theft, sex crimes and drug cases. I have significant trial experience and motion practice, including the litigation of numerous dismissal motions, motions to suppress, and various post-trial motions under constitutional law.

I pride myself on four key aspects that I believe are essential to becoming a good attorney. First, I take extra care to make sure I am always available to my clients. Whether it is adjusting my work schedule to complete tasks on the weekend or returning phone calls and emails within twenty-four hours, I understand that nothing is more frustrating than being unable to reach your own attorney. Second, I make sure to involve my client at each and every step in his or her case. Under my watch, no client is “left in the dark” about what is happening with his or her legal rights. Third, I make sure my clients are informed about the status of their case at all times. I send detailed correspondence about every development and Court appearance in a case to my client immediately. Finally, and in my opinion, most importantly, I am completely open and honest with my clients. I refuse to exaggerate the likelihood of success or failure. With me, you will get nothing but the truth from beginning to end.

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

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

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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 1 - 1 of 1 review | Marriage & Prenuptials

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.

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David John Luca's Lawyer Endorsements

Endorse David

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 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

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 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 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

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 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 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 Marcellino

Unknown lawyer | Jul 03

Relationship: Fellow lawyer in community

"I endorse this lawyer."

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 Coetzee

Divorce and separation lawyer | Jan 18

Relationship: Fellow lawyer in community

"I endorse this lawyer."

James Steinle

Divorce and separation lawyer | Dec 06

Relationship: Fellow lawyer in community

"I endorse this lawyer."

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

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."