Answer to Question 1
The Sixth Amendment provides, in part, In all criminal prosecutions, the accused shall enjoy the right to a speedy trial. A fair amount of case law addresses the threshold issue of when the right to a speedy trial applies. In general, the right applies once a person has been accused of a crime. This is known as the accusation rule.
In United States v. Marion the Court held that the Sixth Amendment's guarantee to a speedy trial attaches only after the person (or persons) has been accused of a crime. The Court further stated that being accused of a crime did not necessarily mean that formal charges had to be filed. Namely, The actual restraints imposed by arrest and holding to answer on a criminal charge can be sufficient to amount to an accusation.
Answer to Question 2
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