Legal Question in Criminal Law in Maryland

Anyone may be accused, because the standard is probable cause. Whether the state can prove its case beyond a reasonable doubt at trial is a different and higher standard of proof. What you describe is sufficient for probable cause to accuse.

Yes the state can do this. Your friend should not assume that he will be "let off." Instead, he should assume that the state will prosecute him, and he should prepare to defend the charges.

The document from the homeowner is not admissible in evidence at trial. Just like defendants have the right to cross-examine state witnesses, the state has the right to cross-examine defense witnesses. If the homeowner does not testify, his words do not come in. The homeowner can testify in person at your friend's trial and take responsibility. However, in ten years of criminal defense practice, I have yet to see a person honor such a promise. The bottom line is that no one will want to take responsibility for the gun and the drugs, because doing so involves the risk of going to prison.

Even if the homeowner did testify, take responsibility, and say that your friend was not involved, the state does not have to agree. The state can still argue that the money that your friend had were part of a conspiracy to distribute drugs. I say this not to discourage you or your friend, but because I have witnessed it previously in trials.

I offer a free initial consultation, which means that I am willing to meet with your friend at my office, review his paperwork with him, and inform him about how his case looks. It is confidential and without obligation.