Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
Yes, it is legal. Generally, a state can only keep a person incarcerated for thirty days with an additional thirty day extension possible on a request for extradition.
However, this only applies to once he is served with the extradition order. If he is incarcerated on something else then they can make him sit there for his sentence and then arrest him on the extradition and get the 60 days.
What he should do is get a lawyer, agree to be extradited (assuming he agrees) and then have the lawyer write the other state a letter stating he is ready to be extradited. That way if he gets a sentence in the extraditing state he gets credit for the time he was in prison in the present state.
If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.
Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and you can come back to it anytime in the future if you think of something else.