AUSTIN -- An attorney for Texas standout running back Cedric Benson said Tuesday the player will plead innocent to misdemeanor drug and alcohol charges.

Benson and a female acquaintance were arrested at an apartment about 2 a.m. Saturday in Benson's hometown of Midland after police responded to a call about loud music.

Police said they found small amounts of marijuana, drug paraphernalia and alcohol during a search.

"It's not his place and he didn't have any knowledge that it was there," said Austin attorney John Carsey who is representing Benson along with Midland lawyer Brian Carney.

Carsey said several people had been to the apartment during the night and that Benson was there only about 30 minutes before he was arrested.

"We're still sorting out what belonged to who," Carsey said.

Benson, 19, was charged with possession of marijuana under 2 ounces and drug paraphernalia and being a minor in possession of alcohol. He was released from the Midland County Central Detention Center after posting $1,365 bail Saturday morning. Melanie Robinson, 20, who leased the apartment, also was charged and released after posting bail.

He is scheduled to be arraigned in court May 23. No plea will be entered at that hearing and would come later, Carsey said.

The marijuana possession charge -- a Class B misdemeanor -- carries up to a $2,000 fine and six months in jail if convicted. The paraphernalia and minor in possession of alcohol charges are Class C misdemeanor offenses and carry up to a $500 fine each.

Carsey also said Benson may challenge the police search of the apartment, although he said he had not seen the police report on the arrests.

On Monday, Midland police spokeswoman Tina Jauz said that Benson and Robinson initially resisted letting Officer Jeff Handley into the apartment. She said once Handley was allowed inside, marijuana was found "in a couple of places" but could not provide details.

The Houston Chronicle reported that Benson was not tested for drugs and that officers did not indicate they thought Benson was under the influence.

Jauz did not immediately return phone calls from The Associated Press on Tuesday.

Benson was the Big 12 freshman of the year after setting a UT freshman record last season with 1,053 yards on 223 carries and scored 12 touchdowns.

Texas coach Mack Brown has said he won't comment on the arrest but called Benson "a great young man."

Any team discipline will be handled internally "within our family," Brown said.