In a recently decided appeal, State v. Lavrik, 472 N.J. Super. 192 (App. Div. 2022), the appellate court considered a case of “first impression,” to wit, whether a victim in a criminal matter has standing to appeal from the granting by the trial court of a defendant’s motion for a “civil reservation” (i.e. an order barring admission of a guilty plea in a civil proceeding) where the victim had failed to move to intervene in the case but instead had applied to the trial judge at the end of the hearing admitting him to pretrial intervention (PTI) after entering a guilty plea. The judge granted the victim’s motion and subsequently ruled that the defendant was entitled to a civil reservation.

The Appellate Division first found that the victim had standing to appeal, holding that standing generally will be found where the party seeking relief has “sufficient personal stake in the controversy to assure adverseness, and the controversy is capable of resolution by the court.” However, the court noted that a guilty plea as a condition of PTI has no force or effect unless PTI is violated. “It is neither a judgment of conviction nor an adjudication.” In conclusion, the court vacated the civil reservation order and remanded the matter for consideration if the defendant unsuccessfully completed PTI and the guilty plea took effect.