UPDATE: Tonya Couch returns stateside, son still in Mexico

UPDATE: Tonya Couch is en route to the United States, Mexican officials said late Wednesday night. She is expected to fly to Los Angeles. Her son, Ethan Couch, is still in Mexico following the writ issued Wednesday afternoon.

The Texas teen famous for his 'affluenza' defense will not return to the United States Wednesday, CBS News reports. Attorneys for Ethan Couch and his mother, Tonya, filed a legal writ to postpone their planned extradition.

The Tarrant County Sheriff's Department said the move is common for prisoners looking to avoid being forcibly returned to the U.S. It is unclear how long the writ will be effective. Ethan Couch has a hearing before a judge scheduled for January.

Couch, 18, was sentenced to ten years probation two years ago following a drunken car crash that killed four people. Couch and his mother were both found in Mexico on Monday, ending a three-week manhunt for the pair.

'Horns of a Dilemma'

The mother of the Texas teen accused of violating his probation faces more immediate prison time than he does.

Tarrant County Officials say that's because Ethan Couch's case is still in the juvenile court system.

District Attorney Sharen Wilson referred to the upcoming process as the 'horns of a dilemma in Texas law' -- two equally bad options.

Wilson says even if a judge decides to hold Couch, it would only last until his 19th birthday in April.

Prosecutors are trying to work around this by moving his probation to adult court. If that happens, they can ask for four months in jail as part of his probation, but that's it. He can't be penalized more as an adult for fleeing, because it happened as a juvenile.

"I with the system were different, however, our system of law in Texas means that the best result in this is case is going to be to get him, in our opinion, into the adult court."

On the other hand, if Couch's mother is found guilty of helping her son escape, she could receive up to ten years in prison.

Wilson said if Couch violated his probation as an adult, her office would go after a penalty that would keep him in prison for as long as 40 years.