This achievement is obtained at the beginning of the fifth chapter of the game, however it is necessary for Jay to be caught by the FBI at the end of the previous chapter.
In order to get Jay caught by the FBI, Ash needs to tell the sheriff about the cabin during the fourth chapter. Right after Vanessa's father kicks Jay out of his house, he will go towards the cabin where his mother and brother are, after some discussions about some spoilers, the FBI captain will arrive and Jay will have the option to flee or help, choose help in the shooting (You will earn the achievement of being a Holt), after a part of the conflict, the option to surrender or flee will appear, choose the first one (You will get the achievement hands up) and so at the beginning of the fifth chapter you will be in a police station office.
This achievement can be a prank, because its name says "Right to remain silent", however you cannot remain silent, you will always have to dispel the interrogator, never talk about your mother or your brother, always look for answers that take away the notion of him and to your advantage, otherwise he'll blame you and say that Jay confessed to all the crimes. Always try to talk about a lawyer, talk about what you don't know, talk about the bus that invaded the motel, NEVER go to the mom options, Tyler and Stay silent (If he asks who told Jay to commit a crime, go to the option that was not he).
You'll make sure it worked for the FBI agent to leave the room without using the communicator and saying that Jay is the culprit.
Sorry if there are any mistakes in the writing, as English is not my native language, so I had help from a translator.