This game had real penalties. In a soft voice, he said he wanted the court's permission to contact his attorney in California. The judge noted that whatever happened in his legal entanglements, the US Court of the Eastern District of North Carolina would "have its way" with him first. The detention hearing was set for two days later on Friday morning.
This is the perfect example of the consequences a "black hat" hacker faces. Since they are hacking with malicious intent, they are exploiting sensitive information, resulting in there being consequences. Mitnick was always one step ahead of the FBI, but after being caught, he is now facing serious jail time for all the malicious things he did.