Lawrence Rosenthal, a constitutional and criminal law professor at Chapman University School of Law in Orange, said it was "highly unusual" for a judge to order immediate detention on a probation violation for a nonviolent crime, but if there were questions about Nakoula's identity it was more likely.
"When the prosecution doesn't really know who they're dealing with, it's much easier to talk about flight," Rosenthal said. "I've prosecuted individuals who'd never given a real address. You don't know who you're dealing with, and you're just going to have very limited confidence about their ability to show up in court."
Enraged Muslims have demanded punishment for Nakoula, and a Pakistani cabinet minister has offered a $100,000 bounty to anyone who kills him.
First Amendment advocates have defended Nakoula's right to make the film while condemning its content. And federal officials likely will face criticism from those who say Nakoula's free speech rights were trampled by his arrest on a probation violation.
In arguing that Nakoula is a possible flight risk, Dugdale said Nakoula couldn't even reveal something as fundamental as his real name.
"He's a person who simply can't be trusted," he said.
Associated Press writer Gillian Flaccus contributed to this report.
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