Q: Can someone be convicted in Maryland for a gun charge if all the proof you have his the person holding it in picture but

A: Someone could absolutely be convicted of the crime based on that evidence alone, especially if the crime charged related to possession only.

A: Possession of a gun is not a crime, unless you are a convicted felon or have some other legal impediment to possession on one. However, if that is the case, then a mere photograph lacks a few evidentiary facts, such as whether the gun is in fact real and capable of discharging a bullet, and what date the photo was taken (perhaps its an old picture, before the legal impediment to possessing a gun arose). There is also the question of jurisdiction: the particular police department that charged you and the prosecutor must prove that the offense occurred in the jurisdiction where you are being charged. Does the picture unequivocally contain proof of where it was taken? Other defenses may rise and fall depending on the facts. Do not disclose such facts on this public forum. Obtain a private consultation with a lawyer.

A: It is unlikely that you could be convicted based upon a picture alone. The prosecutor would have to prove that the item was, in fact, a firearm. While that can be proven in some circumstances without the weapon being recovered, it not likely that could be done based upon a picture alone. Also, the location where the picture was taken is important. A person has the right to possess certain types of firearms on their own premises - so even if there was proof that the items was a firearm, the prosecutor would have to prove it was being possessed at a location where that person was not entitled to possess a firearm - or that the person was permitted to have a firearm (i.e. - a convicted felon)