On a MTR/MTA, is it possible for a judge to order a cash bond in the amount of fees, fines, and costs owed by a probationer?

For example: John Defendant owes $1000 in fines, fees, and court costs. Defendant violates a condition of probation (not financial) and we file a MTR/MTA. Judge orders a cash bond in the amount of $1000. Defendant pays the $1000 and it is applied to his fines, fees, and court costs. Defendant is still subject to appearance on the pending MTR/MTA.

Thank you in advance.

That's not remotely okay. Art. 17.02 is explicit that cash bond funds must be deposited with the court's custodian of funds (the clerk) and shall be refunded to the defendant (or person whose name is on the receipt) when the case is done. There's an AG opinion addressing withholding fines and costs from the refund of a cash bond (JC-0024), which determined that applying a cash bond to fines and costs in that manner is not permitted. Additionally, AG opinion GA-0073 determined that a clerk could not accept an assignment of the refund that was executed when the defendant posted the bond. However, GA-0073 also seems to indicate that once the cash bond has been ordered refunded to the defendant, the defendant may at that time choose to assign it to the clerk for fines and costs. Finally, that is contrary to the CCA's holdings that bail is not a revenue device, but a mechanism to ensure the defendant's presence at trial.

There's also case law out there (I don't have it handy at the moment) that indicates a judge can't specify whether a bond be cash or surety. The holding was essentially that the legislature enacted the cash bond provisions to allow a defendant the option to post a cash bond in lieu of sureties, but could not require that a defendant do so to the exclusion of a surety bond. The only exception is that the judge may require a cash bond after a bond has been forfeited (Art. 23.05).

Good points. Thank you for the information.