This happens every day, so let's deal with it.
The police come to your house or a detective calls you into the police station, and they show you a photo. It's a photo of you, but you're not doing anything bad, just walking down the street, let's say.
The police officer asks you, "Is this you?"
You should respond, "I'm not answering any questions without a lawyer present."
Yes, even though that photo doesn't show anything bad and maybe the officer says something like "We just need to clear possible suspects," or "As soon as we know if this is you, we can exclude you as a suspect." But, you should know by now that the police are allowed to lie to a suspect during their investigation.
So, what happens if you say "Yeah, that's me," thinking that it can't possibly hurt you to admit to being the guy in the photo doing something totally innocent, like standing on the sidewalk? Let's be clear, the police didn't ask the question for no reason. They asked because there is some way to incriminate you with that photo.
Perhaps you're wearing the same distinctive hat they recovered from the crime scene. Or, more likely, the photo is actually a still shot from a video that shows you leaving the scene of the crime or committing the crime.
Over and over, I tell this to my clients. "The police says they have a video of the robbery, and they showed you a photo from it and you admitted that was you." And over and over, my clients say "That wasn't a video of the robbery, it was just a picture of me. There was no robbery in that picture."
But that's the point. The police don't show you the photo of you actually committing the crime. Then you would never admit it was you, and that would not make their job any easier.
Let's imagine, for a moment, that I killed someone. I walked right up to a woman on the street and stabbed her in the back. I dropped the knife and walked off. If the detective showed me a photo of me stabbing the woman in the back and said "Is that you?" I would say, "No, of course not!" Because I'm at least that smart. But if the detective showed me a photo of myself two minutes earlier, or two minutes later, when I'm just walking down the street, no knife in my hand, I might say "Yeah, that's me. Why?"
I'm placed under arrest and they don't have to show me the video. They can save the video for trial and say "Here's the photo Ms. Justice admitted was her. And here's where we got that photo from." Then the prosecutor could play the video that shows me stabbing the woman and walking away, and pause it at the spot that they printed and say "And is that the same scene you printed and Ms. Justice admitted was her?" The detective would say "Yes it is." And they have just proven my identity.
That's not to say I don't have some other defense. Maybe there's a self-defense argument or a causation argument. But, if I didn't have the knife on me when the police arrested me, and the police didn't find my clothes with the victim's blood on them, maybe my lawyer would have an easier time arguing, "That could be any female with blonde hair! That could even be a man in a blonde wig!" Now that argument is gone, and my lawyer better be able to come up with something else.
So, that's my advice: When the police show you a picture and say "Is that you?" do the same thing you should do when the police ask you any question. Say, "I'm not answering any questions without a lawyer present." And then keep your mouth shut.